Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-07-02
Supreme Court Decisions
From Grant County.

F. G. Boettcher, suing on behalf OF
himself and all other persons similar.
ly situated, plaintiff and appellant,
VS.. T. E. Mcdowell, VIM. Wade, VIM.
county commissioners of Grant coun-
ty; ]. G. Patterson, county treasurer;
Robert D. Berry, county auditor;
Grant County, a municipal corpora
ton, and J.. Henry Bellman, defend
ants and respondents.
Syllabus: In an action to enjoin
the construction Of, and payment for,
a court house, where no temporary
injunction forbidding the construction
was issued and where, at the time of
the trial on the merits, the court
house was practically completed, it is
held:
% Where a new county is organ
lied and, in the settlement with the
county from which the territory COM
! prising the new county was severed,
the taxes previously levied by the
original county are assigned to and
collected by the new county, such
taxes being in excess of the expeadi-
lures for the various purposes for
the current fiscal ear the balances
so existing at the end of the fiscal
year are subject to transfer to the
building fund, under sections 1887
and 1888, Compiled Laws of 1913.
CD Where, prior to the close of
the first fractional fiscal year. toward
the construction of bridges during the
succeeding fiscal year, and a written
contract is executed with a successful
bidder in the succeeding fiscal year.
such contract does not create a special
fund as it existed at the close of the
fractional fiscal year but is a proper
item entering into the county budget
of the current fiscal year.
90 An emergency fund created by
tax levy is subject to the control of
the board Of county commissioners
upon whom is imposed the duty Of di-
recting the fiscal affairs of the county;
and in the absence of a statute so re-
ly subject to the payment Of warrants
drawn upon other funds Of the county
which may be overdrawn at the time
the warrants are issued.
t. ca Section $3.50 of the Compiled
Laws of 1913 does not require a vote
upon the question Of the construction
Of a court house in a new county,
where the same is constructed from a
building fund comprised Of unexpend-
ed balances in funds assigned to the
new county by the county from which
the territory is segregated.
(5) Where. during the tendency of
litigation started for the purpose of
enjoining the construction OF q court
house. the building is practically com
pleted and the place at which it Is To-
Gated is fixed by popular election as
the county seat, there being no fraud
shown and no contention that the
building is not well worth the con-
tract price. and It appearing that the
county had sufficient funds legally ap-
plicable to the discharge Of the con-
tract and that the commissioners had
ample authority to proceed with the
work, there is no equity in favor Of
the plaintiff to support his prayer for
injunction against payment on the
ground that the contract was not
legally let's Y
Appeal from district court OF Grant
county, Hon. w. C. Crawford, Judge,
sitting at request Of Hon. :. M. Han
ley, district judge.
Afirmeds
Opinion Of the court by Birdscll, J..
Grace, j., dissents.
Jacobson q Murray. Mott, attorneys
for plaintiff and appellant.
Sullivan q Sullivan. Mandan, attor-
neys for defendant and respondent.
w. r. Barnett. Dickinson, OF coun-
rel.