Pine Tree Lumber Co. v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the Pine Tree Lumber Company against the City of Fargo to recover on certain city warrants. Plaintiff had judgment and defendant appeals. Under section 2183 of Political Code, the council and every city officer are prohibited from transferring money from one special fund to another.
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Appeal from District Court, Cass county; Pollock, J. Action by the Pine Tree Lumber Company against the City of Fargo to recover on certain city warrants. Plaintiff had judgment and defendant appeals. Under section 2183 of Political Code, the council and every city officer are prohibited from transferring money from one special fund to another. Such council and city officers are prohibited from making any such appropriation, or any contract, which would take any portion of the general funds of the city and apply it to any special improvement. Engstad et al. v. Dinnie et ad., 8 N. D'„ 1,, 76…
1Opinion of the CourtCochrane, J.
(after stating the facts). Respondent’s theory of his right to a recovery appears from the section of his complaint .above quoted — in effect, that the city has received into each of these .special funds an amount sufficient to pay all warrants issued against them, respectively, including the warrants in suit; that, if it has not ' funds in the accounts, is has misappropriated them, leaving plain*368tiff without remedy other than this to recover against the city generally.
The paving of its streets was a municipal improvement contracted for by the city, and, when completed, of general utility.…
2Cases cited57 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Knox County v. Ninth National BankSupreme Court of the United States · 1893
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3Cited by31 opinions
- State ex rel. Oliver Iron Mining Co. v. City of ElySupreme Court of Minnesota · 1915
- Holt v. Otis Elevator Co.West Virginia Supreme Court · 1916
- Marks v. City of MandanNorth Dakota Supreme Court · 1941
- Hazelton-Moffit Special School District No. 6 v. WardNorth Dakota Supreme Court · 1961
- Spruce v. Chicago, R. I. & P. RY. CO.Supreme Court of Oklahoma · 1929
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