Knisely v. School District No. 17

The opinion of the court was delivered by

Hopkins, J.:

This is an original proceeding in mandamus to compel the defendant school district to levy and collect taxes for the payment of one of its bonds held by the plaintiff.

The bond is in due form and contains the recital that “all acts, conditions and things precedent to the issuance thereof were performed in regular time, form and manner.” It was issued under chapter 76 of the Laws of 1921, which provides that—

“No indebtedness of any kind shall be funded or refunded, under the provisions of this act except indebtedness existing at the time of…