State ex rel. Clark, Dodge & Co. v. City of Davenport
Supreme Court of Iowa
Appeal from Scott District Court. Mandamus. From the information and alternative writ it appears, that on the 23d of February, 1860, the relators recovered a judgment against the city for • over $10,000, on the coupons or interest notes of the city; that an execution issued upon this judgment, which was returned “No property found; ” that it was the duty of certain officers of the corporation to provide for the payment of said judgment, and to levy a tax for that purpose;…
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Appeal from Scott District Court. Mandamus. From the information and alternative writ it appears, that on the 23d of February, 1860, the relators recovered a judgment against the city for • over $10,000, on the coupons or interest notes of the city; that an execution issued upon this judgment, which was returned “No property found; ” that it was the duty of certain officers of the corporation to provide for the payment of said judgment, and to levy a tax for that purpose; that though requested they had neglected to discharge this duty. The command of the writ was, to levy, collect and place…
1Opinion of the CourtWright, J.
It will be observed that the llth cause is in substance a denial of the matter of inducement stated in the writ. . True there is no denial of the allegation that it was the duty of the officers of the corporation to provide for the payment of the judgment, and to levy a tax for that purpose. But it is denied that the execution was returned nulla lona. And as to this part of the return, the relators say : First, The execution, with the sheriff’s return thoreon, was made a part of the information and was a part of the records of the court where this proceeding was instituted; and that though…
2Cases cited5 opinions
- Harrison v. KramerSupreme Court of Iowa · 1856
- Pabodie v. KingNew York Supreme Court · 1815
- State ex rel. Brackett v. County JudgeSupreme Court of Iowa · 1857
- Lowe v. BlairIndiana Supreme Court · 1842
- Rix v. AdamsSupreme Court of Vermont · 1837
3Cited by6 opinions
- Clark, Dodge & Co. v. City of DavenportSupreme Court of Iowa · 1863
- Middle States Utilities Co. v. City of OsceolaSupreme Court of Iowa · 1940
- Runkle v. KetteringSupreme Court of Iowa · 1905
- Iowa Railroad Land v. Carroll CountySupreme Court of Iowa · 1874
- Oswald v. ThedingaSupreme Court of Iowa · 1864
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