Opinion
No. 7381.
Decided March 9, 1938.
Municipal Corporations — Bonds — Date of Issuance.
Where qualified voters of city authorize the issuance of city hall bonds, payable in thirty years, according to terms of city charter, and only a portion of said bonds were issued at the time, the city could, under a subsequent election by citizens approving said bonds, issue other city hall bonds payable thirty years from the date of their issuance.
Questions certified by the Court of Civil Appeals for the First District, in an appeal from Harris County.
Suit by Lester Settegast against the City of Houston to enjoin the issuance of $900,000.00 of city hall bonds. The trial court sustained defendants' pleas in abatement and demurrers and, upon plaintiff refusing to amend, dismissed the case. Upon appeal to the Court of Civil Appeals by plaintiff, that court has certified certain questions of law to the Supreme Court.
Questions answered.
Lester Settegast, of Houston, for appellant.
R. R. Lewis, C. A. Leddy, Walter E. Boyd, W. M. Holland and Geo. D. Neal, all of Houston, for appellee.
This suit was filed in the district court of Harris County, Texas, by Lester Settegast, hereinafter designated plaintiff, against the City of Houston and its governing officers, hereinafter designated defendants, to enjoin the issuance of $900,000.00 of city hall bonds, being the same bonds involved in Cause No. 7382, City of Houston et al. v. William McCraw, Attorney General, this day decided by this Court. [ Supra, p. 127.]
On final trial in the district court, that court sustained certain pleas in abatement and demurrers filed by the defendants against the plaintiff's petition, and on plaintiff's failure to amend dismissed the cause. Settegast appealed to the Galvestion Court of Civil Appeals, and that court has certified to this Court three questions. It is only necessary to mention or answer the third question certified. The third question in effect asks this Court whether or not the petition in the district court was subject to a general demurrer; that is, whether such petition alleges facts which if true would render the City of Houston without power to issue these bonds.
We will not attempt to detail all the facts alleged in plaintiff's petition. It is sufficient to say that we think it raises the same law question disposed of by us in Cause No. 7382, supra. We therefore make our opinion in that case our opinion in this cause. As a consequence we answer Question No. 3 here certified as follows:
If all the facts alleged in the plaintiff's petition in the district court are taken as true, no cause of action is alleged.
Opinion delivered March 9, 1938.