Ellicott v. Levy Court
General Court of Virginia
Motion for a mandamus to compel the levy court of Anne Arundel county to levy an additional sum of money under an act passed at November session Í800, entitled, “An act to levy on the assessable property of Anne Arundel county a sum of money for the purposes therein mentioned.”
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Motion for a mandamus to compel the levy court of Anne Arundel county to levy an additional sum of money under an act passed at November session Í800, entitled, “An act to levy on the assessable property of Anne Arundel county a sum of money for the purposes therein mentioned.” The law was passed for the benefit of the applicants for the mandamus, and the dispute between them and the levy court» was as to the construction of the above act of assembly; that is, whether the claim of the applicants against the-county» to satisfy which the said levy was to be made, was to have the interest which…
1Opinion of the Court
Chase, Ch. J.
In this case the court are not satisfied as to -the construction of the act of assembly; bat they are of opinion that a mandamus ought not to issue. The act of assembly directs the money to-be levied by a particular day — this is a special authority, and as the time has elapsed, the court think it would be improper to order the mandamus, as the levy court would have no authority under the law to make the levy. Even if the levy should be made, *361find the collector should become insolvent, his securities would be discharged upon the same principle that the securities of the former…
2Cited by6 opinions
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
- Mottu v. PrimroseCourt of Appeals of Maryland · 1865
- State Tax Commission v. Armco Steed Corp.Court of Appeals of Maryland · 1961
- Fish v. WeatherwaxNew York Supreme Court · 1801
- Board of County Commissioners v. BoldenCourt of Appeals of Maryland · 1980
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