Middle States Utilities Co. v. City of Osceola

A rehearing having been granted, the opinion filed on October 22, 1940, reported in 294 N. W. 342, is hereby withdrawn and the following substituted therefor:

On April 12, 1935, plaintiff .procured a judgment in this court against defendant, City of Osceola, for $896.35. The validity of the judgment, which is unpaid, is not questioned. On April 21, 1939, plaintiff filed its petition against the City, its mayor and councilmen, for a writ of mandamus commanding the City to pay the judgment, and, if not paid, that defendants cause to be levied and collected a sufficient tax for its payment.…