State Ex Rel. Gillespie v. Walthall

In mandamus proceedings instituted to coerce the assessment and levy of a tax for the year 1935 sufficient to produce when collected the sum of $110,000.00 for the purpose of adequately providing a fund sufficient to pay accruing interest and to apply on the creation of a sinking fund to pay the principal of certain refunding bonds as and when the same became due and payable in 1936.

The respondent municipality has filed a return.

There is a demurrer to the return and a motion to strike parts of the return. There is also, motion to quash alternative writ of mandamus. Motion to quash is denied.

Th…