United States v. Memphis
Supreme Court of the United States
Error to the Circuit Court of the United States for the Western District of Tennessee. Pursuant to the mandate in City of Memphis v. Brown (20 Wall. 290), the Circuit Court of the United States for the Western District of Tennessee passed a decree, March 16,1875, in favor of Brown against the city, for $292,133.47, and costs, in payment for work done in laying certain pavements in said city. Execution was issued, and returned no property, found.
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Error to the Circuit Court of the United States for the Western District of Tennessee. Pursuant to the mandate in City of Memphis v. Brown (20 Wall. 290), the Circuit Court of the United States for the Western District of Tennessee passed a decree, March 16,1875, in favor of Brown against the city, for $292,133.47, and costs, in payment for work done in laying certain pavements in said city. Execution was issued, and returned no property, found. March 22, Brown applied for an alternative writ of mandamus to compel the city to pay the decree, or, in default thereof, to. levy and collect, as…
1Opinion of the CourtJustice Strong
By the mandamus awarded on the 30th of March, 1875, the city was commanded “ to levy and collect upon all the property within the city taxable by law, a tax, in addition to all other taxes allowed by law,*4 sufficient in amount to pay the relator’s judgment. In obedience to this mandate the general council of the city passed an ordinance levying a tax of fifty-four cents on each one hundred dollars’ worth of property, and proceeded to collect it. But the relator, thinking this tax insufficient to raise the sum required by the writ to be raised, applied to the court for an alias writ, commanding…
2Cited by20 opinions
- Walston v. NevinSupreme Court of the United States · 1888
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
- Board of Commissioners v. State ex rel. BrownIndiana Supreme Court · 1897
- Lutterloh v. City of FayettevilleSupreme Court of North Carolina · 1908
- Toney v. Mayor of MaconSupreme Court of Georgia · 1903
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