State ex rel. City of Fargo v. Mitchell
North Dakota Supreme Court
Appeal by intervener from an order of the District Court for Cass County, Pollock, J., denying the right to intervene in mandamus proceedings to compel the principal defendant to certify the legality, etc., of the city bonds, as the treasurer of such city.
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Appeal by intervener from an order of the District Court for Cass County, Pollock, J., denying the right to intervene in mandamus proceedings to compel the principal defendant to certify the legality, etc., of the city bonds, as the treasurer of such city. Statement by Bruge, J. On July 6th, 1910, an election was held in the city of Fargo, submitting to the voters the question of the issue of city bonds for the construction of a pumping station and filtration plant, and necessary machinery and connections. The question submitted to the people was in the following form: “Shall the city of…
1Opinion of the CourtBruce, J.
The intervener and appellant has entirely mistaken his remedy, in so far as the alleged illegality of the contract for the construction of the filtration plant is concerned. Even if it be true (and on this matter we express no opinion) that the contract for the construction of the filtration plant was illegally let, this fact in no manner justifies an intervention in the case at bar. The mandamus proceedings were brought, not to enforce any right or compel any action under the contract for the erection of the filtration plant, nor to obtain any money on such contract from the proceeds of said…
2Cases cited11 opinions
- Smith v. GaleSupreme Court of the United States · 1892
- State v. KentNorth Dakota Supreme Court · 1896
- Alley v. NottSupreme Court of the United States · 1884
- Lipscomb v. StateMississippi Supreme Court · 1898
- State v. HazledahlNorth Dakota Supreme Court · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Guenther v. FunkNorth Dakota Supreme Court · 1937
- Braatelien v. BurnsNorth Dakota Supreme Court · 1945