Torgrinson v. Norwich School District No. 31
North Dakota Supreme Court
Appeal from District Court, McHenry county; Falda, Jr., J. Action by E. Torgrinson against the Norwich School District No. 31 and others. Judgment for defendants, and plaintiff appeals. An obligation incurred without a levy or appropriation is void.
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Appeal from District Court, McHenry county; Falda, Jr., J. Action by E. Torgrinson against the Norwich School District No. 31 and others. Judgment for defendants, and plaintiff appeals. An obligation incurred without a levy or appropriation is void. City of Fargo v. Keeney, 11 N. D. 484, 92 N. W. 836; Engstad v. Dinnie, 8 N. D. 1, 76 N. W. 292. The constitution forbids taxation except for legally authorized purposes, and the object of every tax must be stated; this forbids using the funds raised by taxation for a purpose different from that for which the levy was made. Smith' v. Broderick, 40…
1Opinion of the CourtYoung, C. J.
The plaintiff has -appealed 'from an order vacating a temporary injunction. The action in which the restraining order was issued was instituted by the plaintiff as a taxpayer of Deep River school ¡district, in McHenry .county, to enjoin -a fax -levy to pay for certain school books •■which had theretofore been sold and delivered to said district by Rand, McNally & Co., and were in use for more than a year when the ¡action was instituted. The order dissolving the temporary injunction was made upon an order to show cause, -and was -based upon the -complaint and- answer and a number of affidavits…
Also in this document: Concurrence.
2Cases cited18 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Youngblood v. SextonMichigan Supreme Court · 1875
- Miller v. GrandyMichigan Supreme Court · 1865
- Judd v. Town of Fox LakeWisconsin Supreme Court · 1871
- Lawrence v. TranerIllinois Supreme Court · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sayre v. Village of AlsenNorth Dakota Supreme Court · 1922
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Great Northern Railway Co. v. MustadNorth Dakota Supreme Court · 1948