State ex rel. City of Huron v. Cambpell
South Dakota Supreme Court
Application for writ of mandamus. The facts are stated in the opinion. Mandamus will not lie to compel a city to appropriate a part of its revenues already raised to pay demands not provided for in raising it, when all such revenue is appropriated and the law forbids any diversion, and will not be employed to compel the payment of judgments to an extent that would deprive the municipality of means for ordinary and necessary municipal expenses.
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Application for writ of mandamus. The facts are stated in the opinion. Mandamus will not lie to compel a city to appropriate a part of its revenues already raised to pay demands not provided for in raising it, when all such revenue is appropriated and the law forbids any diversion, and will not be employed to compel the payment of judgments to an extent that would deprive the municipality of means for ordinary and necessary municipal expenses. E. St. Louis v. Trustees, 6 111. App. 130; Cromartie v. Comm. 87 N. C. 134; State v. New, 34 La. An. 469; E. St. Louis v. Tebley, 110 U. S. 321; Howard…
1Opinion of the CourtFuller, J.
Upon the relation of the city of Huron, this applicaton for a peremptory writ of mandamus is to compel the judge of the Fifth judicial circuit to vacate and set aside a temporary restraining order, granted in an action to obtain a permanent injunction, and by which the relator and its treasurer are restrained, during the pendency of said action, from paying out any of the funds of the city on warrants otherwise than warrants against the sinking fund or special sidewalk fund, except in the order of their registration, as the same is shown upon the records of said city. It appears from the…
2Cases cited2 opinions
- Western Town-Lot Co. v. LaneSouth Dakota Supreme Court · 1895
- Reynolds v. NormanSupreme Court of Missouri · 1893
3Cited by10 opinions
- Freeman v. City of HuronSouth Dakota Supreme Court · 1896
- Shannon v. City of HuronSouth Dakota Supreme Court · 1896
- Stene v. School Board of Beresford Ind. School Dist., No. 68South Dakota Supreme Court · 1973
- Stewart v. Custer CountySouth Dakota Supreme Court · 1900
- Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934
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