Stryker v. Board of Com'rs
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This was a proceeding by mandamus to compel tbe levy of a tax to pay a judgment which was recovered by John W. Stryker, the plaintiff in error, against the hoard of county commissioners of tbe county of Grand, state of Colorado, in the circuit court of the United States for the district of Colorado.
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In Error to the Circuit Court of the United States for the District of Colorado. This was a proceeding by mandamus to compel tbe levy of a tax to pay a judgment which was recovered by John W. Stryker, the plaintiff in error, against the hoard of county commissioners of tbe county of Grand, state of Colorado, in the circuit court of the United States for the district of Colorado. The petition filed for the purpose of obtaining the writ contained, in substance, the following allegations: That on June 1, 1893, John W. Stryker, the petitioner, recovered a judgment against the said board of county…
1Opinion of the Court
THAYER, Circuit Judge,
after stating the case as above, delivex*ed the opinion of the court.
It is a familiar doctrine that, the federal courts have no power to issue a writ of mandamus commanding state officers to levy a tax, or to do any other act, unless such power is exercised as ancillary to a jurisdiction already acquired. “The power to issue a writ of mandamus as an original and independent proceeding does not * * * belong to tlie circuit courts” of the United States. It is a power which' is derived solely from the fact that jurisdiction to hear and decide a given case has already…
2Cases cited15 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- United States v. New OrleansSupreme Court of the United States · 1879
- McIntire v. WoodSupreme Court of the United States · 1813
- Ralls County Court v. United StatesSupreme Court of the United States · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Washington County v. WilliamsCourt of Appeals for the Eighth Circuit · 1901
- City of Wichita v. Old Colony Trust Co.Court of Appeals for the Eighth Circuit · 1904
- City Realty Co. v. S. R. H. Robinson Contracting Co.U.S. Circuit Court for the District of Eastern Arkansas · 1910
- City of Harper v. DanielsCourt of Appeals for the Eighth Circuit · 1914
- City of Ft. Madison v. Ft. Madison Water Co.Court of Appeals for the Eighth Circuit · 1902
8 more not listed; retrieve them via the Exa API.