Kelly v. City of Minneapolis
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Hennepin county, Smith, Pond, Russell, Jamison, Belden, JJ., denying a motion for a temporary injunction. Under the rule “Expressio unius est exclusio alteráis,” Laws 1893, c. 20-4,. § 2, forbids the deduction of the sinking fund.
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Appeal by plaintiffs from an order of the district court for Hennepin county, Smith, Pond, Russell, Jamison, Belden, JJ., denying a motion for a temporary injunction. Under the rule “Expressio unius est exclusio alteráis,” Laws 1893, c. 20-4,. § 2, forbids the deduction of the sinking fund. McRoberts v. Washburne, 10 Minn. 8 (23); Sutherland, St. Const. §§ 325-9; United States v. County of Macon, 99 U. S. 582. The reasons for excepting bonds issued to take up other bonds and bonds issued to purchase water bonds are the same. In both cases the decisions rest on the argument that the total net…
1Opinion of the CourtStart, C. J.
This action was brought to have a certain issue of the bonds of the city of Minneapolis of the par value of $200,000, known as “Reservoir Bonds,” adjudged void, and to restrain the treasurer of the city from paying out of the sinking fund of the city any money for the purchase of such bonds for the sinking fund, pursuant to an agreement to that effect between the city council and the board of sinking fund commissioners. The plaintiffs are taxpayers of the city, and from an order of the trial court denying their motion for a temporary injunction so restraining the treasurer this appeal was…
2Cases cited1 opinion
- Bk. for Sav'gs, Etc. v. . Grace, Etc.New York Court of Appeals · 1886
3Cited by24 opinions
- State and Diver v. City of MiamiSupreme Court of Florida · 1933
- City of Bowling Green v. KirbyCourt of Appeals of Kentucky (pre-1976) · 1927
- Garrett v. SwantonCalifornia Supreme Court · 1932
- City of Stamford v. Town of StamfordSupreme Court of Connecticut · 1928
- Burnham v. City of MilwaukeeWisconsin Supreme Court · 1897
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