Page 163

• Format: Text
• Language: unknown
• Published: North Dakota State Library
• Subjects: Politics & Government; Hastings; Levy; Orleans; Beaver Creek
• Online Access: http://cdm16921.contentdm.oclc.org/cdm/ref/collection/p16921coll3/id/17948

144 14 NORTH DAKOTA REPORTS Where an order has not been presented and indorsed "Not paid for want of funds," no interest can be had. Rev. Codes, section 2614 Freeman v. City of Huron, 73 N. W. 260. Township warrants are not negotiable. Gilman v. Township of Gilby, 80 N. W. 889, 8 N. D. 627; Goose River Bank v. Willow Lake Twp., 1 N. D. 25, 44 N. W. 1002 1 Dill on Mun. Cor. sections 503, 487, 504; Miner v. Vedder, 33 N. W. 47; Hubbell v. Town of Custer City, 87 N. W. 620 : Storey v. Murphy, 81 N. W.23. H. A. Libby, for respondent. A city is liable on its warrants issued by it, although no funds have been collected for their payment, where such city has had time to levy and collect a tax for the purpose and has failed to do so. Blackmail v. City of Hot Springs, 85 N. W. 996 Warner v. City of New Orleans, 87 Fed. 828. The meeting of the board of supervisors was regular and the notice was waived. Beaver Creek v. Hastings, 52 Mich. 528, 18 N. W. 250 Lord v. Anoka, 36 Minn. 176 States v. Borough of Washington, 2 Am. & Eng. Corp. Cas. 39 15 Am. & Eng. Enc. Law (1st Ed.) 1034. The former order of the Supreme Court granting judgment for the relief demanded in the complaint was with prejudice and is an affirmance of the order of the lower court appealed from. Rules of Supreme Court, Rule XXXVI. Morgan, C. J. This cause was tried in the district court under the provisions of section 5630, Rev. Codes 1899. This court so held on a former appeal from an order denying a new trial in this case. 12 N. D. 497, 97 N. W. 860. The appellant has not demanded a trial de novo on this appeal, and is therefore not entitled to a review of the evidence on the appeal. State v. McGruer, 9 N. D. 566, 84 N. W. 363 Security Improvement Co. v. Cass. County, 9 N. D. 555, 84 N. W. 477. It therefore remains only to determine whether the pleadings and findings will sustain the judgment. The action was brought upon an order issued by the township board of the town of Norton to the Fleming Manufacturing Company, as evidence of a portion of the purchase price of a road grader purchased by said board, which order is as follows: "Treasurer of the town of Norton, Walsh county, state of North Dakota : Pay to Fleming Manufacturing Company or order, the