Howard v. City of Huron
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Application by Joseph D. Howard against the city of Huron and the mayor and council requiring them to levy a tax. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. An alternative writ of mandamus is in the nature of a declaration in an ordinary suit of law and is subject to the same rules of pleading. 14 Am. E. Enc.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Application by Joseph D. Howard against the city of Huron and the mayor and council requiring them to levy a tax. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. An alternative writ of mandamus is in the nature of a declaration in an ordinary suit of law and is subject to the same rules of pleading. 14 Am. E. Enc. Law, 212. When the alternative writ demands more than the relator is entitled to, judgment will be given for respondent. High Ext. Leg. Rem. 2d. Eq. § 539; Florida v. State, 13…
1Opinion of the CourtPuller, J.
On the 10th day of July, 1891, plaintiff and respondent recovered a judgment against appellants, a municipal corporation, which at the commencement of this proceeding amounted to $4,717.62, including costs and accrued interest. Appellants charter requires the city council to meet on the first mondayin September of each year, and to levy such sum or sums of money as may be sufficient for the payment of current expenses and debts of the corporation, including the interest on bonds and the principal of all matured bonds; and the city council having failed and refused at the September, 1891, and…
2Cases cited9 opinions
- United States v. New OrleansSupreme Court of the United States · 1879
- Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
- Harshman v. Knox CountySupreme Court of the United States · 1887
- Town of Lyons v. CooledgeIllinois Supreme Court · 1878
- Smith v. LawrenceSouth Dakota Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
- Bellevue State Bank v. CoffinIdaho Supreme Court · 1912
- Schmid v. City of PortlandOregon Supreme Court · 1917
- Mayor of Helena v. United States ex rel. Helena Waterworks Co.Court of Appeals for the Ninth Circuit · 1900
11 more not listed; retrieve them via the Exa API.