McCoy v. Briant
California Supreme Court
Appeal from the District Court of the Eighteenth Judicial District, San Diego County. - The plaintiff, as a tax payer, broúght this action to enjoin the defendants, as Trustees of the City of San Diego, and as the holders of certain bonds, from circulating such bonds, on the ground that they were unlawfully issued. In 1873, a “ Citizens’ Committee of Forty,” of the City of San Diego, acting on behalf of the citizens, made a contract with Col.
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Appeal from the District Court of the Eighteenth Judicial District, San Diego County. - The plaintiff, as a tax payer, broúght this action to enjoin the defendants, as Trustees of the City of San Diego, and as the holders of certain bonds, from circulating such bonds, on the ground that they were unlawfully issued. In 1873, a “ Citizens’ Committee of Forty,” of the City of San Diego, acting on behalf of the citizens, made a contract with Col. Tilomas A. Scott, agreeing that in consideration of the construction of the Texas and Pacific Railway within the time fixed by its charter the City of…
1Opinion of the Court
By the Court :
If the bonds in controversy would have been void in the hands of an innocent holder for value, and would not have constituted a valid charge against the City of San Diego, “ it must follow, as a consequence, that by no legal possibility can the plaintiff or the other tax payers ” of the city be injured by the supposed illegal acts of the defendants. (Linden v. Case, 46 Cal. 174.)
The first question, therefore, to be determined, is whether the bonds would have been void in the hands of a bona fide holder for value. The authority to issue the bonds is derived exclusively from…
2Cases cited8 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- Hi-Voltage Wire Works, Inc. v. City of San JoseCalifornia Supreme Court · 2000
- People v. TomlinsonCalifornia Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Osburn v. StoneCalifornia Supreme Court · 1915
- Arnott v. City of SpokaneWashington Supreme Court · 1893
- Paul v. City of SeattleWashington Supreme Court · 1905
- George v. Wyandotte Electric Light Co.Michigan Supreme Court · 1895
- Gamewell Fire Alarm Telegraph Co. v. City of Los AngelesCalifornia Court of Appeal · 1919
17 more not listed; retrieve them via the Exa API.