Pickton v. City of Fargo
North Dakota Supreme Court
Appeal.from District Court, Cass County; Pollock, J. Action by Peter Pickton aainst the city of Fargo and others. Judgment for defendants, and plaintiff appeals. There is no valid ordinance creating the Improvement District, for the reason that no record of the yeas and nays was made upon the vote of the council on the passage thereof. Steckert v. East Saginaw, 22 Mich. 104; Sprangler v. Jacoby, 14 111. 297; Supervisors v. Peoples, 25 111. 183; Dillon’s Mun.
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Appeal.from District Court, Cass County; Pollock, J. Action by Peter Pickton aainst the city of Fargo and others. Judgment for defendants, and plaintiff appeals. There is no valid ordinance creating the Improvement District, for the reason that no record of the yeas and nays was made upon the vote of the council on the passage thereof. Steckert v. East Saginaw, 22 Mich. 104; Sprangler v. Jacoby, 14 111. 297; Supervisors v. Peoples, 25 111. 183; Dillon’s Mun. Corp. (2 Éd.) § 2Í29; 15 A. & E. Ene. L. 1036; McCormick v. Bay City, 23 Mich. 457; Morrison v. Lazvrence, 98 Mass. 219; Brophy v.…
1Opinion of the CourtWallin, C. J.
This action is brought to annul a city paving tax of the city of Fargo, and to enjoin the county treasurer of Cass county, and his successors in office, from collecting said tax. The tax in question was attempted to be assessed by the officials of the city of Fargo pursuant to the provisions of chapter 41 of the Session Laws of 1897; and a consideration of the questions presented in the record will require a construction'of said chapter, as well as chapter 42 of the Sessions Laws of 1899. The case is here for trial de novo, but there is practically no dispute as to the existence of the…
2Cases cited17 opinions
- Tennessee v. SneedSupreme Court of the United States · 1877
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- Striker v. KellyNew York Supreme Court · 1845
- Power v. LarabeeNorth Dakota Supreme Court · 1891
- Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
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3Cited by17 opinions
- State Ex Rel. Taylor v. City of JacksonvilleSupreme Court of Florida · 1931
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Douglas v. City of FargoNorth Dakota Supreme Court · 1904
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- Farmers Telephone Co. v. Town of WashtaSupreme Court of Iowa · 1912
12 more not listed; retrieve them via the Exa API.