Diefenderfer v. State ex rel. First National Bank of Chicago
Wyoming Supreme Court
Error to the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. Mandamus to compel the issuance to relator of certain refunding water bonds of the town of Sheridan. Heard on motion to dismiss proceedings in error. The facts are stated in the opinion. Though the Mayor and Council are named as defendants, the proceeding is against the city and does not assume the character of a proceeding against the individuals unless it becomes necessary to issue an attachment.
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Error to the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. Mandamus to compel the issuance to relator of certain refunding water bonds of the town of Sheridan. Heard on motion to dismiss proceedings in error. The facts are stated in the opinion. Though the Mayor and Council are named as defendants, the proceeding is against the city and does not assume the character of a proceeding against the individuals unless it becomes necessary to issue an attachment. (Louisville v. McKean, 18 B. Mon., 13; Maddox v. Graham, 2 Mete. (Ky.), 71; Campbell v. Hall (Wash.), 69 Pac., 12.) The…
1Opinion of the Court
Potter, Ciiiee Justice.
'i'lais was a suit in mandamus brought in the District Court in the name of the State on the relation of the First National Bank of Chicago to compel the issuance and deliver}'- to the relator of the refunding water bonds of the town of Sheridan to the amount of seventy-five thousand dollars, of the denomination of five hundred dollars each, bearing interest at five per cent per annum, and payable in thirty years after their date, but redeemable at the option of the town in 'ten years, in accordance with an ordinance of said town enacted June 15, 1903, providing- for…
Also in this document: Concurrence.
2Cases cited10 opinions
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- People Ex Rel. Geer v. Common Council of TroyNew York Court of Appeals · 1880
- State of Illinois v. DelafieldNew York Court of Chancery · 1840
- People ex rel. Taylor v. BrennanNew York Supreme Court · 1863
- Smalley v. YatesSupreme Court of Kansas · 1887
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3Cited by5 opinions
- Mountain Cement Co. v. South of Laramie Water & Sewer DistrictWyoming Supreme Court · 2011
- Board of Drainage Commissioners of New River Drainage District v. ArnoldSupreme Court of Georgia · 1923
- Diefenderfer v. State ex rel. First National Bank of ChicagoWyoming Supreme Court · 1906
- State v. SondermanIndiana Court of Appeals · 1923
- Town of Sheridan v. StahlWyoming Supreme Court · 1909