Alexander v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county by plaintiff, a resident and tax payer in defendant city, against the city of Duluth, and its mayor, comptroller, and clerk, and the president and members of its common council to enjoin the issue of bonds. From an order, Moer, J., sustaining a demurrer to the complaint, plaintiff appealed. Population is not a proper basis of classification for an act of this character.
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Action in the district court for St. Louis county by plaintiff, a resident and tax payer in defendant city, against the city of Duluth, and its mayor, comptroller, and clerk, and the president and members of its common council to enjoin the issue of bonds. From an order, Moer, J., sustaining a demurrer to the complaint, plaintiff appealed. Population is not a proper basis of classification for an act of this character. There is no necessary or natural relation between population of cities and the condition of their floating indebtedness. State v. City, 42 N. J. L. 486. If population be a…
1Opinion of the CourtStart, C. J.
This is an action to enjoin the city of Duluth from issuing and *447negotiating its bonds to the amount of $500,000 to take up its floating indebtedness. The plaintiff appealed from an order sustaining a general demurrer to his complaint.
The defendant claims that it is authorized to issue the bonds by Laws 1899, c. 50. Is this statute constitutional? This is the only question for our decision meriting special consideration, and the answer to it must be in the affirmative. The provisions of this statute may be summarized as follows:
Section 1. The common council of any city, at any time having a…
2Cases cited6 opinions
- Nichols v. WalterSupreme Court of Minnesota · 1887
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
- Iowa Railroad Land v. SoperSupreme Court of Iowa · 1874
- Flynn v. Little Falls Electric & Water Co.Supreme Court of Minnesota · 1898
- Cobb v. BordSupreme Court of Minnesota · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State ex rel. Douglas v. WestfallSupreme Court of Minnesota · 1902
- State ex rel. Board of Education v. BrownSupreme Court of Minnesota · 1906
- Szroka v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1927
- State ex rel. Chapel v. JustusSupreme Court of Minnesota · 1903
- Hetland v. Board of County CommissionersSupreme Court of Minnesota · 1903
23 more not listed; retrieve them via the Exa API.