Coe v. Caledonia & Mississippi Railway Co.
Supreme Court of Minnesota
The plaintiffs, resident tax-payers and freeholders in the village of Caledonia, in Houston county, brought this action in the district court for that county to restrain the defendant Buell from delivering to the defendant railway company, and the railway company from receiving from him, certain bonds of the village, amounting to $20,000, voted in aid of the railway, and executed by the town officers, and by them placed in escrow in the hands of defendant Buell.
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The plaintiffs, resident tax-payers and freeholders in the village of Caledonia, in Houston county, brought this action in the district court for that county to restrain the defendant Buell from delivering to the defendant railway company, and the railway company from receiving from him, certain bonds of the village, amounting to $20,000, voted in aid of the railway, and executed by the town officers, and by them placed in escrow in the hands of defendant Buell. The railway company appeals from an order of Page, J:, overruling its demurrer to the complaint, the substance of which is stated in…
1Opinion of the CourtBerry, J.
This is an appeal from an order overruling a demurrer to a complaint. The question is, does the complaint state facts constituting a.cause of action?
The important allegations of the complaint are these: On March 11, 1874, the village of Caledonia voted to issue bonds to the defendant in the sum of $12,000. This was done under Sp. Laws 1874, c. 59. On March 19, 1875, the village voted to issue bonds to the defendant in the srim of $8,000, additional to the $12,000 before voted. This was done under Sp. Laws 1875, c. 132. It does not appear that either of these votes was based upon any…
2Cases cited3 opinions
- Arnold v. NyeMichigan Supreme Court · 1871
- Castner v. GuntherSupreme Court of Minnesota · 1861
- State ex rel. Central Railroad v. Supervisors of Town of LimeSupreme Court of Minnesota · 1877
3Cited by11 opinions
- State ex rel. Currie v. WeldSupreme Court of Minnesota · 1888
- Spencer v. HaugSupreme Court of Minnesota · 1891
- Mayberry v. GaddisSupreme Court of Oklahoma · 1923
- Consolidated Independent School District v. MartinSupreme Court of Iowa · 1915
- State Ex Rel. Effertz v. SchimelpfenigSupreme Court of Minnesota · 1934
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