Murphy v. Utter
Supreme Court of the United States
APPEAL EEOM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This'was an appeal by the Loan Commissioners of Arizona from a judgment of the Supreme Court of that Territory rendered March 22, 1901, granting a peremptory writ of mandamus and commanding such Loan Commissioners, upon the tender by plaintiffs of $150,000 bonds of the county of Pima with coupons attached, described in the petition, to issue and deliver to the petitioners refunding bonds of the Territory pursuant to…
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APPEAL EEOM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This'was an appeal by the Loan Commissioners of Arizona from a judgment of the Supreme Court of that Territory rendered March 22, 1901, granting a peremptory writ of mandamus and commanding such Loan Commissioners, upon the tender by plaintiffs of $150,000 bonds of the county of Pima with coupons attached, described in the petition, to issue and deliver to the petitioners refunding bonds of the Territory pursuant to certain ácts of Congress. The facts of the case are substantially as follows : By an act of the legislature of Arizona…
1Opinion of the CourtJustice Brown
While upon the former hearing of this case, under the name of Utter v. Franklin, 172 U. S. 416, the order of the Supreme
Court of Arizona denying a writ of mandamus was reversed and the case remanded for further proceedings, we expressed tlie opinion “tliat it was made the duty of the Loan Commissioners by these acts to fund the bonds in question.” The logical inference from this was that a writ of mandamus should issue at once. True, the case was argued upbn demurrer, but as the demurrer was accompanied by a plea óf res adjudicata, which was expressly held to be untenable, (page 424,) it is a…
2Cases cited24 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- United States v. TynenSupreme Court of the United States · 1871
- In Re PottsSupreme Court of the United States · 1897
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Gaines v. RuggSupreme Court of the United States · 1893
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3Cited by47 opinions
- Bird v. United StatesSupreme Court of the United States · 1902
- Irwin v. WrightSupreme Court of the United States · 1922
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Snyder v. BuckSupreme Court of the United States · 1950
- Marshall v. DyeSupreme Court of the United States · 1913
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