United States v. Labette County
United States Circuit Court
The relator is plaintiff in a judgment recovered in this court in dune, 1877, against Oswego Township, in the county of Labette, Kansas, for $9,221.34. By a peremptory writ of mandamus, issued August 2, 1878, the respondents, the Board of County Commissioners of Labette County, were commanded to “levy and collect a sufficient tax upon all the taxable property in Oswego township, in the county of Labette and state of Kansas, to pay the above-mentioned judgment, interest, and…
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The relator is plaintiff in a judgment recovered in this court in dune, 1877, against Oswego Township, in the county of Labette, Kansas, for $9,221.34. By a peremptory writ of mandamus, issued August 2, 1878, the respondents, the Board of County Commissioners of Labette County, were commanded to “levy and collect a sufficient tax upon all the taxable property in Oswego township, in the county of Labette and state of Kansas, to pay the above-mentioned judgment, interest, and costs,” and “to cause the said moneys to be paid over to the said Clarence P. Moulton upon the said judgment;.” The…
1Opinion of the CourtMcCrary, C. J.
1. Assuming that the return is true in fact, does it excuse the board of county commissioners from the performance of so much of the command of the writ as ordered them to collect and pay over, as well as to levy, the taxes to pay relator’s judgment? The excuse offered is, in brief, that although commanded to levy, collect, and pay over, the respondents are powerless to do more than levy, since the law devolves the duty of collecting and paying over upon another officer of the county, the treasurer, who can only act upon tax rolls to be prepared by the county clerk. The office, and the only…
2Cases cited5 opinions
- Rees v. City of WatertownSupreme Court of the United States · 1874
- Houston Tap & Brazoria Railway Co. v. RandolphTexas Supreme Court · 1859
- Commissioners v. SellewSupreme Court of the United States · 1879
- United States v. County of ClarkSupreme Court of the United States · 1878
- Williams v. SmithCalifornia Supreme Court · 1856
3Cited by4 opinions
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Sharpless v. BucklesSupreme Court of Kansas · 1902
- Rose v. McKieCourt of Appeals for the First Circuit · 1906
- Katsh v. RaffertyDistrict Court, E.D. New York · 1926