Smith v. State Ex Rel. Ally

Pee Cueiam.

Under the writ of error we are asked to review final judgment awarding peremptory writ of mandamus.

The only question presented for our determination is as stated by the plaintiff in error, as follows:

“Whether it is error for the Court to order alternative and peremptory writs of mandamus requiring the levy of a tax to pay the relator’s claim 'taking into consideration the usual percentage of taxes paid during the year.’ ”

The question must be determined adversely to the contention of plaintiff in error on authority of the opinion and judgment in the case of State, ex rel. Gillespie,…