The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 97

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 97

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...might be thought, in good faith, to be suflicient, where such question was not raised. (Pp. 360, 361.) A contract by a city, for current expenses of future years, intended in good faith to be met out of the current revenues of the respective years, remains a valid debt of the city, though not so paid, which it should discharge out of the revenues for subsequent years in excess of their current expenses and may fund in obligations to be so discharged. Rev. Stats., arts. 465, 466; Corpus Christi v. Woessner, 58 Texas, 462. (P. 361.) 6.--City--Contract--Ordinance--Resoution. A city need not enact an ordinance to enable its oflicers to execute contracts for current charges of the administration of its affairs; the authority may be given by resolution entered in the minutes of the council. (P. 361.) Error to the Court of Civil Appeals for the First District, in an appeal from Smith County. L. L. Jester & Co. sued the city of Tyler upon certain promissory notes, and having judgment, though for less than sued for, the city appealed. The judgment was reversed and rendered for appellee for a less amount than the recovery below, and the city thereupon obtained writ of error. John M. Duncan and T. N. Jones, for plaintif f in error.--The Court of Civil Appeals erred in holding the original obligations sued on by plaintiff below were not in form, substance and effect bonds of the city within the meaning and intent of constitutional and statutory provisions authorizing, limiting and regulating the issuance of bonds cities. Simonton on Mun. Bonds, sec. 4, p. 11, and entire chap. 8; Dillon on Mun. Corp., secs. 412, 473, 486; City of Austin v. Nalle, 85 Texas, 542, 543; City of Waxahachie v. Brown, 67 Texas, 519, 530. The Court of Civil Appeals more

Product details

  • Paperback | 358 pages
  • 189 x 246 x 19mm | 640g
  • United States
  • English
  • black & white illustrations
  • 1236980611
  • 9781236980618