Miehls v. City of Independence

(dissenting) — I. I respectfully dissent. There is no dispute as to the facts in .this case, and they are fully and clearly stated in the majority opinion. The only question involved is one of law.

I am in disagreement with the majority opinion because it is my contention that the new bond issue can do no harm to plaintiff’s bonds. Iiis investment was not prejudiced in any manner. There was no change in his status as a bondholder, because of the terms of the resolution as to the new issue. Section 5 of the resolution with reference to the new bonds dated March 18, 1957, provides in part:

“The…