City of Mobile v. Marx & Co.

WALKER, Circuit Judge.

In February, 1933, the appellee, Marx & Co., a corporation, recovered judgment ■against the city of Mobile (hereinafter referred to as the city), in the sum of $39,-122.22, on street improvement bonds issued by the city in September, 1929. After an execution on that judgment had been returned “no property found,” the appellee filed a petition against the city and officials thereof praying the issuance of a peremptory writ of mandamus requiring the payment to appellee, on account of said judgment, in addition to sums of money collected on assessments pledged to the…