(DOWNLOAD) "Town of Haxtun v. Wangnild." by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Town of Haxtun v. Wangnild.
- Author : Colorado Supreme Court
- Release Date : January 22, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
THIS is the second appearance of this controversy in this court. Previously, in the proceeding entitled Wangnild v. Town of Haxtun, 106 Colo. 180, 103 P.2d 474, we held that the district court had erred in sustaining a general demurrer to the complaint of Wangnild, to whom we shall refer hereinafter as plaintiff. The complaint alleged that plaintiff was the owner of four $1,000 bonds of a special improvement district located within the bounds of the defendant Town of Haxtun. Such bonds were issued in accordance with sections 9464 to 9513 inclusive, C.L. 1921, in anticipation of the collection of special assessments which were levied against the real property in the district. Recovery from the town itself was sought because certain of the district bonds allegedly had been paid out of their numerical order, contrary to the provisions of section 9502 C.L. 1921, whereby the special fund was depleted to the extent that it contained insufficient money to pay plaintiffs bonds, which bore lower numerical designations than some which were paid. The controlling allegations of the complaint were set out verbatim in our former opinion and need not be repeated here.