Supervisors v. Durant
Supreme Court of the United States
Error to the Circuit Court for Iowa, the case being thus: In 1853,1854, and 1858, the county judge of Washington County, Iowa, submitted to the voters of that county propositions to subscribe certain sums, and issue bonds accordingly, to aid the making of certain railroads; and a majority of the voters voted in favor of the propositions. The vote required the levy by the county officers of yearly taxes to pay the interest.
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Error to the Circuit Court for Iowa, the case being thus: In 1853,1854, and 1858, the county judge of Washington County, Iowa, submitted to the voters of that county propositions to subscribe certain sums, and issue bonds accordingly, to aid the making of certain railroads; and a majority of the voters voted in favor of the propositions. The vote required the levy by the county officers of yearly taxes to pay the interest. The bonds were issued, and several of them passed into the hands of one Durant. In April, 1860, certain taxpayers of the county filed a bill against the board of…
1Opinion of the CourtJustice Strong
Since the decisions which have been made by this court during the last four years, there is almost nothing in the record now before us remaining open for adjudication. Indeed, it is not now contended that mandamus is not a proper remedy in eases like the present, when a relator has obtained a judgment, which can be satisfied only by the levy of a tax, and when the proper officers of the municipality, against which the judgment has been obtained, refuse, or neglect to levy it. That it is a legitimate remedy has been ruled in very many cases. * In such a case “ the writ is” '(to use the…
2Cited by18 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harshman v. Knox CountySupreme Court of the United States · 1887
- Clapp v. Otoe CountyCourt of Appeals for the Eighth Circuit · 1900
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