Village of Kent v. United States ex rel. Dana
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. Tlifs is an action in mandamus. It was brought in the circuit court in November, 1900, by the filing of a petition on the relation of Edward Dana against, the village of Kent, Ohio, and its council, clerk, and treasurer.
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In Error to the Circuit Court of the United States for the Northern District of Ohio. Tlifs is an action in mandamus. It was brought in the circuit court in November, 1900, by the filing of a petition on the relation of Edward Dana against, the village of Kent, Ohio, and its council, clerk, and treasurer. The petition alleged that Dana had recovered a judgment in the circuit court against the village of Kent on certain interest coupons maturing in 1896 and 1897, representing certain installments of inLerest on 25 bends, of $1,000 each, issued by the village in 1892, and containing a recital…
1Opinion of the CourtDay, Circuit Judge
The principles which shall control in determining the right of a creditor to have a mandamus against a municipal corporation for the purpose of requiring a tax for the payment of a judgment were fully discussed in a recent case before this court. City of Cleveland v. U. S. (decided at this term) 111 Fed. 341. The opinion of Judge Burton in that case is so full and comprehensive that we are required to do little more now than to apply the principles therein enunciated to the facts of the case in hand. Judge Burton said:
“It must, at the outset, be conceded.' that a mandamus cannot be awarded to…
2Cases cited10 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Ralls County Court v. United StatesSupreme Court of the United States · 1882
- City of Galena v. AmySupreme Court of the United States · 1867
- United States v. County of MacOnSupreme Court of the United States · 1879
- United States Ex Rel. Siegel v. ThomanSupreme Court of the United States · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rorick v. Board of Com'rs of Everglades Drainage Dist.District Court, N.D. Florida · 1932
- State Ex Rel. Strain v. HoustonOhio Supreme Court · 1941
- United States v. Lennox Metal Manufacturing Co.Court of Appeals for the Second Circuit · 1955
- Naftalin v. KingSupreme Court of Minnesota · 1958
- Ostrander v. City of RichmondCalifornia Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.