Roberts v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Lee A. Roberts and others against the city of Fargo and others to enjoin defendant from disbursing its funds in payment of street lighting under an alleged ultra vires contract. From a judgment dismissing the bill, plaintiffs appeal. Appellants are entitled to maintain this action. Engstad v. Dinnie, 8 N. D. 1; Mock v. Santa Rosa, 58 Pac.
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Appeal from District Court, Cass County; Pollock, J. Action by Lee A. Roberts and others against the city of Fargo and others to enjoin defendant from disbursing its funds in payment of street lighting under an alleged ultra vires contract. From a judgment dismissing the bill, plaintiffs appeal. Appellants are entitled to maintain this action. Engstad v. Dinnie, 8 N. D. 1; Mock v. Santa Rosa, 58 Pac. Rep. 826. No appropriation concerning the expenditure to be incurred under the contract was previously made by the city council. § § 2262, 2264, 2190, Rev. Codes, Pryor v. Kansas City, 54 S. W.…
1Opinion of the CourtWallin, C. J.
The record in this action discloses the following facts: The plaintiffs, who are freeholders and taxpayers residing in the city of Fargo, bring this action to annul a certain contract in ■writing made on August 6, 1895, between said city of Fargo and the defendant the Fargo Gas & Electric Company, whereby the latter agreed to furnish electric light for lighting said city for a period of 10 years upon certain terms set out in said contract. The city •of Fargo at all times in question was, and still is, a municipal corporation organized under Chap. 28 of the Political Code. See Rev. 'Codes…
2Cases cited20 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Bladen v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- Tennant v. CrockerMichigan Supreme Court · 1891
- Gutta Percha & Rubber Manufacturing Co. v. Village of OgalallaNebraska Supreme Court · 1894
- Putnam v. City of Grand RapidsMichigan Supreme Court · 1885
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3Cited by23 opinions
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- Herr v. RudolfNorth Dakota Supreme Court · 1947
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- Harding v. City of DickinsonNorth Dakota Supreme Court · 1948
- Megarry Bros. v. City of St. ThomasNorth Dakota Supreme Court · 1954
18 more not listed; retrieve them via the Exa API.