Bailey v. City of Sioux Falls

Citations

• 19 S.D. 231
• 103 N.W. 16
• 1905 S.D. LEXIS 28

Syllabus

<p>1. A resolution by a city for the purchase of boilers with which to operate its electric light plant, with the understanding that it will enter into a contract for the purchase of the boilers, and agree that'an appropriation therefor shall be made at a future time, and that the boilers are not to be paid for until the appropriation is made and warrants drawn on the special fund, and that no agreement for the purchase will be made whereby the seller will receive any warrants or money for the boilers until the appropriation is made, and that the city will in no way obligate itself to pay for the boilers until an appropriation is made and warrants issued, does not create a debt in the sense of the Constitution limiting municipal indebtedness.</p> <p>2. A taxpayer seeking to enjoin the officers of a city from incurring a debt beyond the constitutional limitation does not lose his remedy nor suffer irreparable injury by reason of the court denying a preliminary injunction to restrain the officers of the city from incurring the indebt- • edness.</p>