Legal Opinion

Wayne Township v. Green Township

Ohio Supreme Court

Decided June 15, 1833PublishedCited by 1 opinion

A rule was granted at the last term of the court, that Green township, in Clinton county, show cause, &c., W’hy a mandamus should not issue to compel them to levy a tax to satisfy the judg- . ment in the above stated case. No case was stated above in the rule, and it was supposed the reference was to the title of the case In the margin, with the words “judgment for the pltf. in O. JP” annexed.

1Opinion of the CourtWright, J.

The proceedings in this case are very loose and' uncertain, and leave it, at best, doubtful if a writ of mandamus should issue. Certainly a writ would be refused for compelling the assessment of a tax to pay so much of the judgment in favor of Wayne, as is equal to the unsatisfied judgment that Green has-against Wayne, and Wayne, before obtaining a -writ-to coerce payment of what is due her, would be compelled first to give credit for-what she owes to Green; the balance only is the sum really due, and all that ought to be assessed and collected.

The statute of January, 1833 (31 O. L. 18), is a…

2Cited by1 opinion

  1. Commonwealth ex rel. Armstrong v. CommissionersSupreme Court of Pennsylvania · 1861

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