Anderson v. International School District No. 5
North Dakota Supreme Court
Appeal from the District Court, Burke County; Leighton> J. From a judgment in defendants’ favor, plaintiff appeals. As soon as an indebtedness is greater than the constitutional limit of 5 per cent, the law is violated, even though it may be but for the moment. Birkholz v. Dinnie, 6 N. D. 511, 72 N. W. 931. At the time the contract was signed it became obligatory on both parties, and the indebtedness was incurred.
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Appeal from the District Court, Burke County; Leighton> J. From a judgment in defendants’ favor, plaintiff appeals. As soon as an indebtedness is greater than the constitutional limit of 5 per cent, the law is violated, even though it may be but for the moment. Birkholz v. Dinnie, 6 N. D. 511, 72 N. W. 931. At the time the contract was signed it became obligatory on both parties, and the indebtedness was incurred. Crogster v. Bayfield County, 99 Wis. 1, 74 N. W. 635, 77 N. W. 167; Kiichli v. Minnesota Brush Electric Co. 58 Minn. 418, 49 Am. St. Rep. 523, 59 N. W. 1088 ; Levy v. McClellan, 196…
1Opinion of the Court
Fisk, Ch. J.
The relator, a citizen and taxpayer in the defendant school district, seeks to enjoin certain of the defendants who are officers of such school district from issuing and delivering, and certain other defendants who are contractors and who erected and furnished a school building in such district pursuant to contract with the school *416board, from receiving any warrant or warrants in payment thereof, and for other equitable relief.
At the conclusion of the trial in the district court, findings of fact and conclusions of law were made adverse to the relator’s contention, and judgment…
2Cases cited44 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- McBean v. City of FresnoCalifornia Supreme Court · 1896
- City of East St. Louis v. East St. Louis Gas Light & Coke Co.Illinois Supreme Court · 1881
- Appeal of the City of ErieSupreme Court of Pennsylvania · 1879
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3Cited by10 opinions
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- Crick v. RashCourt of Appeals of Kentucky · 1921
- Herr v. RudolfNorth Dakota Supreme Court · 1947
- Wilder v. MurphyNorth Dakota Supreme Court · 1928
- Marks v. City of MandanNorth Dakota Supreme Court · 1941
5 more not listed; retrieve them via the Exa API.