City of Sherman v. Smith

Appellee held a valid judgment against the city, rendered upon a tort, and brought this action of mandamus to require the city and its common council to levy a tax sufficient to pay the judgment and costs, together with the costs of this proceeding, and to require the assessor and collector to do what was necessary to carry into effect such levy; or, if the court should determine that the city could not levy a greater tax than that then levied for city purposes, then that the officers of the city be commanded and compelled to provide, if necessary, by ordinance, a special fund out of the tax…