Capital Bank v. School District No. 53
North Dakota Supreme Court
APPEAL from district court, Stutsman county; Hon. Roderick Rose, Judge. Mr, Tripp argued as follows: The court below directed the verdict as appears from the abstract upon the ground that “the district exceeded its authority in issuing orders for a greater amount than could be raised by the levy of a tax in one year,” and was governed no doubt by the language of the supreme court of Dakota Territory in Farmers & Merchants Nat.
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APPEAL from district court, Stutsman county; Hon. Roderick Rose, Judge. Mr, Tripp argued as follows: The court below directed the verdict as appears from the abstract upon the ground that “the district exceeded its authority in issuing orders for a greater amount than could be raised by the levy of a tax in one year,” and was governed no doubt by the language of the supreme court of Dakota Territory in Farmers & Merchants Nat. Bank v. School District No. 53, 42 N. W. 767. One of the essential distinctions between that case and the case at bar, which seems to have been overlooked by the lower…
1Opinion of the CourtCorliss, C. J.
The plaintiff, seeking judgment in the court below, based its claim upon four alleged warrants, signed by defendant’s clerk and director, and drawn in the usual form upon defendant’s treasurer. When these papers were received in evidence they created a presumption of liability against the defendant and in favor of plaintiff, assuming that plaintiff had established its title to them. This apparent liability defendant claims to have overthrown by undisputed evidence, and the trial court so held directing a verdict in favor of defendant. Defendant’s successful defense was the illegality of the…
2Cases cited3 opinions
- Goose River Bank v. Willow Lake School TownshipNorth Dakota Supreme Court · 1890
- Kane v. School DistrictWisconsin Supreme Court · 1881
- Farmers & Merchants' National Bank v. School District No. 53Supreme Court Of The Territory Of Dakota · 1889
3Cited by15 opinions
- Board of Com'rs v. SherwoodCourt of Appeals for the Eighth Circuit · 1894
- Northwestern Sheet & Iron Works v. County of SiouxNorth Dakota Supreme Court · 1949
- State ex rel. Diebold Safe & Lock Co. v. GetchellNorth Dakota Supreme Court · 1893
- Flagg v. School District, No. 70North Dakota Supreme Court · 1894
- Backhaus v. LeeNorth Dakota Supreme Court · 1923
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