Commissioners of Taxing Dist. of Brownsville v. Loague
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE western DISTRICT OF TENNESSEE. The court, in its opinion,' stated the case as follows: This is a writ of error to the Circuit Court of the United States for the "Western District of Tennessee, bringing under review the judgment of that court awarding a .peremptory mandamus in favor of John Loague, administrator of It.
Read the full summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE western DISTRICT OF TENNESSEE. The court, in its opinion,' stated the case as follows: This is a writ of error to the Circuit Court of the United States for the "Western District of Tennessee, bringing under review the judgment of that court awarding a .peremptory mandamus in favor of John Loague, administrator of It. D. Baker, deceased, against the Board of Commissioners of the Taxing District of the city of Brownsville, Tennessee, to proceed “to levy and collect and. pay over to petitioner a tax sufficient to pay each and all” of…
1Opinion of the Court
Me. Chief Justioe Fullee
delivered the opinion of the court. '
'Mandamus lies to compel a party to do that which it is his duty to do without it. It confers no new authority, and the party to be coerced must have the power to perform the act.
On the 19th of March, 1886, when this petition wa's filed, had the Board of Commissioners the power to levy and collect taxes to pay the judgments in question ?
The Circuit Court, in deciding that it had, proceeded upon the ground that the source of. power was the act of February 8, 1870, and we concur in the view that there was no other. The city of…
2Cases cited2 opinions
- Harshman v. Knox CountySupreme Court of the United States · 1887
- Jeter v. HewittSupreme Court of the United States · 1860
3Cited by68 opinions
- Deposit Bank v. FrankfortSupreme Court of the United States · 1903
- United States Ex Rel. International Contracting Co. v. LamontSupreme Court of the United States · 1894
- City of Austin v. CahillTexas Supreme Court · 1905
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
63 more not listed; retrieve them via the Exa API.