Shannon v. City of Huron

Citations

• 9 S.D. 356
• 69 N.W. 598
• 1896 S.D. LEXIS 189

Syllabus

<p>1. A city has no authority to incur indebtedness for expenses of a campaign to secure the selection of the city as the capital of the state.</p> <p>2. Warrants issued in payment of such expenses are void.</p> <p>3. Warrants issued by a city for current expenses, after the constitutional limit of indebtedness has been reached, but in anticipation of a tax already levied, are valid to the extent of the taxes levied.</p> <p>4. Under Comp. Laws, Secs. 1671-1679, requiring city warrants to be paid in the order of their registration, and that the treasurer shall notify the holder, and set apart the money for his use, the fact that taxes collected after the issuance of a warrant have been paid out on other warrants subsequently issued will not prevent the holder of the unpaid prior warrant from recovering thereon; the treasurer having failed to notify him or set apart money for his use.</p>