Diefenderfer v. State ex rel. First National Bank of Chicago
Wyoming Supreme Court
Error to the District Court, Sheridan County," Hon. Joseph R. Stotts, Judge. On rehearing. on petition for rehearing. The resolution of the Town Council adopted in November, 1904, did not provide specifically for a notice calling' in the outstanding bonds, as seems to be supposed by the court in the opinion heretofore delivered. It merely stated that notice should be given according to ordinance, and no ordinance existed regulating the matter.
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Error to the District Court, Sheridan County," Hon. Joseph R. Stotts, Judge. On rehearing. on petition for rehearing. The resolution of the Town Council adopted in November, 1904, did not provide specifically for a notice calling' in the outstanding bonds, as seems to be supposed by the court in the opinion heretofore delivered. It merely stated that notice should be given according to ordinance, and no ordinance existed regulating the matter. The purchase price of the bonds was not in fact deposited by the relator in the New York Bank to the credit of the town, but to the relator’s own…
1Opinion of the Court
Potter, Chief Justice.
This is a suit in mandamus to compel the issuance and •delivery of certain refunding bonds of the Town of Sheridan to the relator, the First National Bank of Chicago, in accordance with its accepted bid for their purchase, and pursuant to a town ordinance providing for such bonds. The suit was brought against the town, its mayor, clerk and treasurer, and the individual members of the Town Council. The defenses interposed by the several defendants were practically the same, and are set out in the former •opinion. (80 Pac., 667.) They were not personal to the officers of…
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