Boise City v. Union Bank & Trust Co.
Idaho Supreme Court
APPEAL from District Court, Ada County. Appellant insists that under section 3, article 8 of the constitution of Idaho, a municipal corporation, in creating a bonded indebtedness must, before or at the time of creating such indebtedness, make provision for the collection of an annual tax sufficient in amount to pay the principal of said indebtedness within twenty years from the time of contracting the same; and that said tax must be levied annually, beginning with the first…
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APPEAL from District Court, Ada County. Appellant insists that under section 3, article 8 of the constitution of Idaho, a municipal corporation, in creating a bonded indebtedness must, before or at the time of creating such indebtedness, make provision for the collection of an annual tax sufficient in amount to pay the principal of said indebtedness within twenty years from the time of contracting the same; and that said tax must be levied annually, beginning with the first tax levy made after said indebtedness is created, and continuing to be levied for each year thereafter until all of said…
1Opinion of the CourtSullivan, J.
This suit arose out of the following facts: The respondent, the municipal corporation of Boise City, accepted appellant’s bid for $59,854.65 municipal funding bonds then about to be issued by said city. Respondent thereupon tendered to appellant the bonds so bid for, but appellant refused to accept and pay for them, for the reason that said bonds do not constitute a valid indebtedness against said city, for the reason that section 7 of Ordinance No. 311 of said city does not sufficiently comply with the requirements of section 3 of article 8 of the constitution of Idaho in the matter of…
2Cited by3 opinions
- State Ex Rel. Tipton v. EricksonMontana Supreme Court · 1933
- Herrin v. EricksonMontana Supreme Court · 1931
- McDonald v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1934