The Board of Commr's of Knox County v. Aspinwall
Supreme Court of the United States
This case was brought up by writ of error from the Circuit Court of the United States for the district of Indiana. The case is stated in the opinion of the court. The principal point in controversy was the pow^r of the Circuit Court, under the 14th section of the Judiciary 'act, to issue a writ of mandamus in this ease. Upon this subject, a portion of the arguments of the counsel can be given.
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This case was brought up by writ of error from the Circuit Court of the United States for the district of Indiana. The case is stated in the opinion of the court. The principal point in controversy was the pow^r of the Circuit Court, under the 14th section of the Judiciary 'act, to issue a writ of mandamus in this ease. Upon this subject, a portion of the arguments of the counsel can be given. Mr. Porter said: If the Circuit Court of the United States has power to issue a writ of mandamus to enforce the payment of a judgment at • law, it derives that power from the provisions of the 14th see-…
1Opinion of the CourtJustice Grier
The plaintiffs in error were defendants in a suit by Aspinwall and others, in which a jud grnent was recovered for interest coupons on bonds issued by the corporation. . The cause was removed to this court, and may be found reported in 21 Howard, 539. The judgment of the Circuit Court was affirmed, and the record remitted.
In order to enforce the execution of this judgment, the plaintiffs- moved for a mandamus to the commissioners, to compel them to levy a tax to' satisfy the judgment. The record shows that the board of commissioners appeared in the Circuit Court and resisted the. motion, on…
2Cases cited1 opinion
- Wayman v. SouthardSupreme Court of the United States · 1825
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- United States v. New OrleansSupreme Court of the United States · 1879
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
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