City of Port Townsend v. First Nat. Bank of Central City

Good Law
154 C.C.A. 32·241 F. 32·1917 U.S. App. LEXIS 1732
United States Court of Appeals for the Ninth CircuitFebruary 5, 1917No. 2833California425 words

Opinion

lead Opinion

Gilbert, J.

(after stating the facts as above). The defendant presents certain questions which were determined by this court in Intermela v. Perkins, 205 Fed. 603 , 123 C. C. A. 619 . Those questions were carefully considered, both on the original hearing and on a petition for rehearing, and a petition to the Supreme Court for certiorari was denied. Intermela v. Perkins, 231 U. S. 757 , 34 Sup. Ct. 324, 58 L. Ed. 468 . One of the questions so decided, and now again presented, was whether the city council of the defendant, which met at a regular session on February 15, 1898, and took recess until a designated hour on February 16th, and thereupon took a further recess until a designated hour on February 17th, could, upon said last-named date, lawfully authorize the issuance of the warrants, in view of the Code provision which inhibited the passing of any ordinance or the allowance of any bill for payment of money at a special meeting, or at any adjourned regular meeting of a city council. We held that such an adjournment taken from day to day does not interrupt the business of the session, that it was the intention and purpose of the council to hold a continuous session, and that such…

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