St. Anthony & Dakota Elevator Co. v. Martineau
North Dakota Supreme Court
Appeal from District Court, Kolette County, G. W. Buttz, J. From an order granting a new trial, plaintiff appeals. The allowance of the accounts as shown by the certified copies of the allowance of the bills was absolute; the warrants on their face are not payable out of such special assessments, but out of “any money in the treasury not otherwise appropriated.”
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Appeal from District Court, Kolette County, G. W. Buttz, J. From an order granting a new trial, plaintiff appeals. The allowance of the accounts as shown by the certified copies of the allowance of the bills was absolute; the warrants on their face are not payable out of such special assessments, but out of “any money in the treasury not otherwise appropriated.” This being so, the allowance and the warrants constitute general debts of the city within the meaning of the statutes limiting the amount of indebtedness which may be incurred. 1 Abbott, Mun. Corp. p. 336. Where instruments are issued…
1Opinion of the Court
Fisk, Ch. J.
This is an appeal from an order of the district court of Kolette county granting defendant’s motion for a new trial. The action was brought to recover a balance' due for lumber sold by plaintiff to the village of St. John. The theory upon which defendant is sought to be held liable to the plaintiff in this action is that the contract between plaintiff and such village was void by reason of the fact that such indebtedness exceeded the debt limit authorized by the Constitution and statutes of this state, and that under § 1603, Kev. Codes 1905, § 2218, Comp. Laws 1913, this…
2Cases cited25 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Brady v. DalySupreme Court of the United States · 1899
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Veeder v. . BakerNew York Court of Appeals · 1880
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
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3Cited by7 opinions
- Martin v. ParkinsNorth Dakota Supreme Court · 1927
- Smith Engineering Works v. CusterSupreme Court of Oklahoma · 1944
- McCormick v. Union Farmers State BankNorth Dakota Supreme Court · 1922
- Johnson v. PattersonNorth Dakota Supreme Court · 1936
- Battles v. ConnorSupreme Court of Oklahoma · 1938
2 more not listed; retrieve them via the Exa API.