(DOWNLOAD) "Lillis v. City of Big Timber" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Lillis v. City of Big Timber
- Author : Supreme Court of Montana
- Release Date : January 04, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Submitted October 23, 1936. Cities and Towns — Action for Services by Nonresident of City — Place of Trial — City Warrants — Nature of Instruments — Change of Venue — Statutes Relating to Municipal Corporations — Judicial Notice. Cities and Towns — Actions — Contracts for Payment of Money — Venue. 1. The rule that where a contract for the payment of money is entered into between persons residing at different places within the state but the place of payment is not agreed upon, the place of residence of the creditor becomes the place of performance and therefore the place of trial of an action upon the contract does not apply to municipal corporations, such a corporation not being required to seek its creditors in order to discharge its debts. Statutes — General and Special Statutes on Given Subject — Rule of Construction. 2. Where there is one statute dealing with a subject in general and comprehensive terms, and another dealing with the same subject in a more minute and definite way, the two should be read together and harmonized, if possible, with a view to giving effect to a consistent legislative policy, but to the extent of any necessary repugnancy between them, the special will prevail over the general. Cities and Towns — Liquidation of Debts of City — Payment to be Made by Warrant. 3. The machinery provided by the Revised Codes for the liquidation of debts incurred by a city requires that warrants shall be issued for the amount thereof, payable out of the city treasury by its treasurer. Same — City Warrants — Nature of Instruments. 4. A city warrant is a command of the council to the treasurer to pay the amount found due by the council, out of a designated fund to the named person, and is notice to the treasurer that the claim has been duly adjusted and allowed; it is not a negotiable instrument in the sense of the law merchant, and, while it may be transferred by delivery or assignment, the transferee takes it subject to all legal and equitable defenses which exist to it in the hands of the payee. Same — Action for Services by Nonresident of City — Place of Trial. 5. Under the above rules, held, in an action by a civil engineer employed by a city other than that of his residence to render professional service in and about the water system of the employing city to recover for services so rendered, the place of trial was in the county in which the debtor city was located in the absence of 4. Negotiability of municipal warrants, an agreement as to the place of payment, and not in the county of plaintiff creditor's residence. Same — Change of Venue — Statement of Conclusion of Law in Supporting Affidavit — When Immaterial — Judicial Notice. 6. Though the statement of the mayor of defendant city in his affidavit in support of a motion for change of place of trial of an action against the city to recover for services rendered, that payment was to be made in the county in which the city was located, was a conclusion of law and not a statement of fact, the matter was immaterial, since the trial court was required to take judicial notice of the statutory provisions relating to claims against and payment of the same by municipal corporations.