Cooper v. City of Bozeman
Montana Supreme Court
Appeal from District Court, Gallatin County, in Che Ninth Judicial District; John A. Matthews, Judge of the Fourteenth District, presiding. Action by Walter Cooper and another against the city of Bozeman for an injunction. From a judgment in favor of defendant, plaintiff appeals. The legislature has general curative power over void municipal ordinances.
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Appeal from District Court, Gallatin County, in Che Ninth Judicial District; John A. Matthews, Judge of the Fourteenth District, presiding. Action by Walter Cooper and another against the city of Bozeman for an injunction. From a judgment in favor of defendant, plaintiff appeals. The legislature has general curative power over void municipal ordinances. (1 McQuillin on Municipal Corporations, p. 494; Board of Education v. Hyatt, 152 Cal. 515, 93 Pae. 117.) “Acts done under and by virtue of ordinances passed by a municipal corporation, and proceedings entered into by it, within the scope of…
1Opinion of the CourtJustice Sanner
Appeal from a judgment of dismissal entered in consequence of an order sustaining a general demurrer to the appellants’ complaint. The relief sought was an injunction to restrain the city of Bozeman from drawing warrants or levying taxes to pay for certain improvements contemplated pursuant to proceedings had in the creation of Special Improvement District No. 79 in that city; and the question presented is whether such proceedings, as narrated in the complaint, were sufficient.
The complaint shows the following: At a regular meeting of the city council held May 21, 1914, a petition for the…
2Cases cited4 opinions
- Shapard v. City of MissoulaMontana Supreme Court · 1914
- Horsky v. McKennanMontana Supreme Court · 1916
- Davidson v. WamplerMontana Supreme Court · 1903
- McGillic v. CorbyMontana Supreme Court · 1908
3Cited by19 opinions
- Scilley v. Red Lodge-Rosebud Irrigation DistrictMontana Supreme Court · 1928
- Debcon, Inc. v. City of GlasgowMontana Supreme Court · 2001
- Johnston v. City of HardinMontana Supreme Court · 1919
- Allen v. City of ButteMontana Supreme Court · 1918
- Smith v. City of BozemanMontana Supreme Court · 1965
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