First National Bank v. Ford

Nuessle, Oh. J.

This proceeding in mandamus was brought to compel the defendant Ford, as treasurer of the city of Mandan, to issue his warrant drawn on Special Assessment Paving District No. 1, Contract No'. 4, in payment of a special assessment warrant belonging to the plaintiff. The defendant resisted the issuance of the writ on the ground that there were a large number of other outstanding special assessment warrants drawn on the same fund; that due to failure of the owners of the property against which the special assessments were levied to pay the same, the fund would be insufficient to…