City of Corpus Christi v. Woessner

Citations

• 58 Tex. 462
• 1883 Tex. LEXIS 48

Syllabus

<p>1. City warrants, may be issued when.—The issuance of city warrants on account of expenses of a city, which do not exceed the current revenue derived from taxation, permitted by law to be levied to meet current expenses, and such other revenue as a city may have from other sources than taxation, cannot be said to be the creation of a debt prohibited by law unless a special tax be levied to meet the interest and create a sinking fund.</p> <p>2. Constitution and statute construed.— Sec. 5, art. XI, of the constitution of the state, and art. 427 of the Revised Statutes, construed.</p> <p>3. City ordinance — Statute construed.—An ordinance which practically prohibits the payment of any debt contrac.ed before a specified time, unless in the discretion of the officer intrusted with the only fund from which payment can be made, he should see proper to make payment by compromise or otherwise, and this without reference to the justness of the debt or the condition of the city treasury, is not authorized by art. 372, R. S., and is void when passed by a city incorporated under the general laws of the state.</p> <p>4. Interest-bearing city warrants — Special tax,— Cities have power under the general laws (R. S., art, 419) to issue to their creditors interest-bearing evidences of debt; but when the city has an ample revenue outside of that which the law authorizes to meet current expenses, to meet such obligations, a special tax for that purpose would be without authority of law.</p> <p>5. Mandamus against city to compel payment of warrants.— See opinion for facts under which it was held that a mandamus properly issued at the suit of the holder of a city warrant who had obtained judgment to compel the aldermen and officers of the city to pay over to him the surplus revenues of the city, over its current and, ordinary expenses, at the end of each year, until his judgment with interest was satisfied. Also where an injunction properly issued restraining the aldermen and officers