Johnston v. Board of County Commissioners of Becker County
| Decision Date | 27 July 1880 |
| Parties | George H. Johnston v. Board of County Commissioners of Becker County |
| Court | Minnesota Supreme Court |
Appeal by plaintiff from an order of the district court for Becker county, Stearns, J., presiding, refusing a new trial.
Order affirmed.
Kerr v Wilson, for appellant.
Cromb & Offerd and W. P. Warner, for respondent.
Gen St. 1866, c. 11, § 78, provides that "there shall be levied annually on each dollar of taxable property in this state, (other than such as by law is otherwise taxed,) as valued and entered on the grand list of taxable property, for the several purposes in this chapter enumerated, taxes at the rates hereafter specified, namely all county expenses of each of the several counties other than for roads and bridges, and the payment of the interest and principal of the debts of the county, such rate as the commissioners of such county determine to be necessary, not exceeding ten mills on the dollar on the taxable property of the county."
Section 79 provides that "it shall be unlawful for the corporate authorities of any county, * * * unless specially and expressly authorized by law, to contract any debt, or incur any pecuniary liability, for the payment of either the principal or interest of which, during the then current year or any subsequent year, it will be necessary to levy on the taxable property of such county * * * a higher rate of tax than the maximum rate prescribed by this chapter."
Section 80 provides that "every contract made in contravention of the provisions of the foregoing section is utterly null and void in regard to any obligation thereby imposed on the corporation on behalf of which such contract purports to be made; but every commissioner, officer, agent, supervisor, or member of any municipal corporation, that makes, or participates in making, or authorizes the making of any such contract, shall be held individually liable for its performance; and every commissioner, supervisor, * * * or other officer or agent of any such municipal corporation present when any such unlawful contract was made, or authorized to be made, shall be deemed to have made, or to have participated in making, or to have authorized the making of the same, as the case may be, unless, if present, he dissented therefrom, and entered, or caused to be entered, such dissent on the records of such municipal corporation."
On December 7, 1872, the plaintiff of the one part, and the defendant of the other part, entered into a contract in writing, whereby the former agreed to build a jail for the use of the county of Becker, the same to be completed by July 1, 1873...
To continue reading
Request your trial