Borner v. City of Prescott
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Pierce county: James O’Neill, Judge. Taxpayer’s action to restrain issuance of bonds by tbe city of Prescott. Tbe issues, as to facts, were determined tbus: All facts, exist affording plaintiff, suing as be did, legal capacity to maintain tbe action, if tbe projiosed bonds would be illegal, and defendants are proper parties.
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Appeal from a judgment of tbe circuit court for Pierce county: James O’Neill, Judge. Taxpayer’s action to restrain issuance of bonds by tbe city of Prescott. Tbe issues, as to facts, were determined tbus: All facts, exist affording plaintiff, suing as be did, legal capacity to maintain tbe action, if tbe projiosed bonds would be illegal, and defendants are proper parties. September 6, 1910, the common council of defendant city passed an ordinance purporting to authorize issuance of the bonds in question, such ordinance containing recitals showing that they would not exceed the city’s legal…
1Opinion of the CourtMaeshall, J.
The respondents had power under sec. 925 — 133, Stats. (1898), as amended by ch. 235, Laws of 1901, to issue municipal bonds for constructing waterworks and sewers. The language thereof necessary to be examined is as follows:
“All such bonds issued shall be payable at the option of the city in annual instalments, the last instalment being payable-not more than twenty years after their date, and shall bear interest not exceeding six per cent, per annum payable semiannually, and that the council shall have provided for the collection of a direct annual tax sufficient to pay the interest thereon…
2Cases cited7 opinions
- Bingham v. Board of SupervisorsWisconsin Supreme Court · 1906
- State v. Lakeside Land Co.Supreme Court of Minnesota · 1898
- Southern Railway Co. v. KaySupreme Court of South Carolina · 1901
- Neacy v. City of MilwaukeeWisconsin Supreme Court · 1910
- Kyes v. St. Croix CountyWisconsin Supreme Court · 1900
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3Cited by5 opinions
- Rands v. Clarke CountyWashington Supreme Court · 1914
- duPont v. MillsSuperior Court of Delaware · 1937
- First Wisconsin National Bank v. Town of CatawbaWisconsin Supreme Court · 1924
- Vela v. ShacklettTexas Commission of Appeals · 1929
- In re Dancy Drainage DistrictWisconsin Supreme Court · 1926