Palmer v. City of Helena
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke County. Injunction to restrain issuance and sale of city bonds. Judgment was rendered for defendants below by Blake, J. Statement of the case by the justice delivering the opinion. The plaintiff and appellant is a resident and taxpayer of the city of Helena. The defendants are the . city of Helena, the mayor, aldermen, treasurer and the city attorney of said city.
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Appeal from First Judicial District, Lewis and Clarke County. Injunction to restrain issuance and sale of city bonds. Judgment was rendered for defendants below by Blake, J. Statement of the case by the justice delivering the opinion. The plaintiff and appellant is a resident and taxpayer of the city of Helena. The defendants are the . city of Helena, the mayor, aldermen, treasurer and the city attorney of said city. This action is prosecuted by the plaintiff as a taxpayer to restrain the defendant city and its officers from issuing, negotiating and selling certain bonds described in the…
1Opinion of the CourtPemberton, C. J.
The first question presented by this appeal is as to whether the issuing and sale of new bonds in the sum of §161,500 by the city for the purpose of refunding a like amount of old bonds of the city, creates a new debt. The only objection urged by appellant to such proposed action by the city is that an additional debt will be created thereby.
This court, in Hotchkiss v. Marion et al. 12 Mont. 218, held that the funding of an existing indebtedness by the issuance of bonds did not create a new or additional indebtedness, but that the form of the liability of a county was only changed thereby. In…
2Cases cited5 opinions
- State v. Camp SingMontana Supreme Court · 1896
- State ex rel. Woods v. TookerMontana Supreme Court · 1894
- Hotchkiss v. MarionMontana Supreme Court · 1892
- State v. MitchellMontana Supreme Court · 1895
- State ex rel. Lloyd v. RotwittMontana Supreme Court · 1894
3Cited by14 opinions
- State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
- National Life Insurance v. MeadSouth Dakota Supreme Court · 1900
- State ex rel. Helena Water Works Co. v. City of HelenaMontana Supreme Court · 1900
- Edwards v. County of Lewis & ClarkMontana Supreme Court · 1917
- Citrus Growers' Development Ass'n v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1928
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