Board of Improvement v. McManus
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Fort Smith District. John S. Little, Judge. Petition for mandamus to require the board of improvement of sewer district No. I of the city of Fort Smith to draw a warrant on its treasurer for the amount of a judgment against the board.
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APPEAL from Sebastian Circuit Court, Fort Smith District. John S. Little, Judge. Petition for mandamus to require the board of improvement of sewer district No. I of the city of Fort Smith to draw a warrant on its treasurer for the amount of a judgment against the board. The writ was granted, and the board appealed. 1. The action is improperly brought against the corporate body, and contrary to the statute so far as it affects the members of the board upon personal liability. Mansf. Dig., secs. 880, 882, etc; 17 Wall., 604. 2. The writ should not have been granted, because the judgment is for…
1Opinion of the CourtHemingway, J.
The only question before us is as to the sufficiency of an answer to a petition for mandamus. The petition alleged that the petitioner had a judgment against the board, and prayed that it be required to issue to him a warrant on its treasurer for the amount thereof; the answer was in effect that there was nó money in the treasury of the board, that all its possible, assessments for a stated number of years to come had been pledged to other creditors, and that an assessment had been levied for the year next thereafter out of which its other debts would be paid. The answer was adjudged…
2Cases cited5 opinions
- People ex rel. Hempstead v. Chicago & Alton RailroadIllinois Supreme Court · 1870
- Clay County v. McAleerSupreme Court of the United States · 1885
- Commonwealth ex rel. Price & Roberts v. Commissioners of PhiladelphiaSupreme Court of Pennsylvania · 1835
- People v. TremainNew York Supreme Court · 1859
- Commonwealth ex rel. Witmer v. Commissioners of Lancaster CountySupreme Court of Pennsylvania · 1813
3Cited by4 opinions
- City of Little Rock v. United States ex rel. HowardCourt of Appeals for the Eighth Circuit · 1900
- Ghent v. State Use School DistrictsSupreme Court of Arkansas · 1934
- Bingham v. McGeheeSupreme Court of Arkansas · 1932
- Tipton v. Jonesboro Grocer Co.Supreme Court of Arkansas · 1924