[DOWNLOAD] "Commonwealth Public S. Co. v. Deer Lodge" by Supreme Court of Montana * eBook PDF Kindle ePub Free

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eBook details

• Title: Commonwealth Public S. Co. v. Deer Lodge
• Author : Supreme Court of Montana
• Release Date : January 08, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Injunction ? Cities and Towns ? Constitutional Limit of Indebtedness ? Excess Void ? Legislative Permission to Operate on Cash Basis ? Statute ? Pleading ? Excess of Indebtedness ? Constitutional Exception Matter of Defense. Cities and Towns ? Exceeding Constitutional Limit of Indebtedness ? Statutory Provisions for Operating on Cash Basis. 1. Where a city has reached its limit of indebtedness as prescribed by section 6, Article XIII, of the Constitution, any further indebtedness incurred is void; thereafter it is without power to allow claims against it and draw warrants in payment thereof, but under sections 5078 and 5079, Revised Codes 1921, may operate under the pay-as-you-go plan, i.e., by payment in cash. Same ? Legislature Without Power to Permit Creation of Indebtedness Beyond Constitutional Limit ? Cash Basis Plan. 2. By enacting sections 5078 and 5079, Revised Codes 1921, authorizing cities to operate on a cash basis where they have reached the constitutional limit of indebtedness, the legislature did not - Page 16 attempt what it has no power to do: permit them to create indebtedness in excess of such limit, but provided a device by which, without creating an additional indebtedness, they may function on a cash basis. Same ? What Constitutes Creation of Indebtedness. 3. Where a claim against a city is presented for payment, audited and allowed an indebtedness of the city is established, and if its indebtedness exceeds the constitutional limit the warrant issued in payment is void. Same ? Injunction ? City Incurring Indebtedness Beyond Constitutional Limit ? Complaint ? Constitutional Exception Matter of Defense. 4. To render a complaint in an action to enjoin a city from allowing claims against it and ordering payment by warrant on the ground that it had exceeded its constitutional limit of indebtedness sufficient, plaintiff is not required to allege that the debt limit has not been extended for water or sewer purposes, the exception in that behalf provided for in section 6, Article XIII, Constitution, being a matter to be asserted in defense.

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