Kerlin v. City of Devils Lake
North Dakota Supreme Court
All appeal from tbe District Court for Ramsey County, Winchester, Special J"., from an order vacating an injunctional order. The amount of tbe bonds sought to be voted must be stated definitely in the resolution, notice, and ballot. Stern v. Fargo, 18 N. D. 289, 26 L.R.A.(N.S.) 665, 122 N. W. 403. There is no distinction between the statements, “not exceeding” and “not to exceed,” referring to the amount of the bond, and neither is sufficiently definite. Ibid.; State ex rel.
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All appeal from tbe District Court for Ramsey County, Winchester, Special J"., from an order vacating an injunctional order. The amount of tbe bonds sought to be voted must be stated definitely in the resolution, notice, and ballot. Stern v. Fargo, 18 N. D. 289, 26 L.R.A.(N.S.) 665, 122 N. W. 403. There is no distinction between the statements, “not exceeding” and “not to exceed,” referring to the amount of the bond, and neither is sufficiently definite. Ibid.; State ex rel. Schultze v. Manchester Twp. Committee, 61 N. J. L. 513, 40 Atl. 589; State ex rel. Lexington & St. L. R. Co. v. Saline…
1Opinion of the CourtGoss, J.
This is an appeal from an order of the district court of Bamsey county, dissolving an injunctional order and denying a temporary injunction pending suit. It was heard upon the verified complaint and supporting affidavit and exhibits, together with a verified answer and counter affidavits. The proceeding involves the validity of an election, called and held to increase the debt limit and issue bonds in the sum of $33,000 for the purpose of establishing a municipal light plant in the city of Devils Lake. Questions of law alone are presented. The facts are not in conflict. The case naturally…
2Cases cited46 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Bowers v. SmithSupreme Court of Missouri · 1892
- Davis v. State ex rel. WrenCourt of Appeals of Texas · 1889
- Chase v. MillerSupreme Court of Pennsylvania · 1862
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3Cited by15 opinions
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- Lamb v. PalmerSupreme Court of Oklahoma · 1920
- Mittelstadt v. BenderNorth Dakota Supreme Court · 1973
- Fuerst v. SemmlerNorth Dakota Supreme Court · 1914
- Kiner v. WellNorth Dakota Supreme Court · 1955
10 more not listed; retrieve them via the Exa API.