Stern v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Max Stern to enjoin the city of Fargo, and the Mayor and Auditor thereof, from issuing bonds voted for the construction of a pumping station and electric light plant. Judgment for defendants, and plaintiff appeals. Reversed, with directions to enter a decree in accordance with a prayer of the complaint. Substantial compliance with law essential to a valid issue of municipal bonds.
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Appeal from District Court, Cass county; Pollock, J. Action by Max Stern to enjoin the city of Fargo, and the Mayor and Auditor thereof, from issuing bonds voted for the construction of a pumping station and electric light plant. Judgment for defendants, and plaintiff appeals. Reversed, with directions to enter a decree in accordance with a prayer of the complaint. Substantial compliance with law essential to a valid issue of municipal bonds. Harris on Municipal Bonds, 28. The submission of two propositions in such form as to preclude a vote on each, renders the election void. People v. Baker…
1Opinion of the CourtSpalding, J.
Section 130 of the Constitution of this state requires the legislative assembly to restrict the powers of municipal corporations as to levying taxes -and assessments, borrowing money and contracting debts, and prohibits the diversion of money raised by taxation, loan, or assessment for any purpose, to any other purpose, except by authority of law. Section- 183 provides that -the *293debt of any municipality shall never exceed 5 per centum upon the value of the taxable property therein, but permits any incorporated city, by a two-thirds vote, to increase such indebtedness 3 per cent, on such…
2Cases cited28 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Thomson v. Lee CountySupreme Court of the United States · 1866
- Minturn v. LarueSupreme Court of the United States · 1860
- Coleman v. Town of EutawSupreme Court of Alabama · 1908
- Voss v. Waterloo Water Co.Indiana Supreme Court · 1904
23 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- Drummond v. City of ColumbusNebraska Supreme Court · 1939
- Village of North Fargo v. City of FargoNorth Dakota Supreme Court · 1923
- White v. Board of Education of Silver CityNew Mexico Supreme Court · 1938
- State Ex Rel. Bussie v. FantSupreme Court of Louisiana · 1949
47 more not listed; retrieve them via the Exa API.