Hawkeye Insurance v. Luckow
Supreme Court of Iowa
Appeal from, Polk District Court. — Hon. Marcus Kavanagh, Judge. The defendants are the officers of a school district in Sac county, and this is an action of mandamus to compel them to levy and collect a tax to pay and satisfy a judgment recovered by the plaintiff against the school district. The defendants pleaded payment. Trial to the court and judgment for the defendants, and the plaintiff appeals.
1Opinion of the CourtServers, C. J.
— This case was submitted upon an agreed statement of facts, the material portion of which is as follows : The plaintiff recovered a judgment against the school district in 1876, in the district court of Polk county. An execution was issued on said judgment in July, 1877, directed to the sheriff of Sac county, and the same was received by him. On the nineteenth day of July, 1877, a certified transcript of such judgment was filed in the office of the clerk of the district court of Sac county. About the first day of August, 1877, the full *22amount of said judgment was paid to the clerk of the…
2Cited by3 opinions
- Brunk v. Moulton BankSupreme Court of Iowa · 1903
- Drahos v. KopeskySupreme Court of Iowa · 1906
- Milburn-Stoddard Co. v. StickneyNorth Dakota Supreme Court · 1905