State ex rel. Chandler v. Board of County Commissioners
Nebraska Supreme Court
This was an original application for a mandamus to compel the county commissioners of Dodge county to meet and levy a tax upon all the property of Eremont precinct in said county sufficient to pay a judgment recovered by the relator in the United States circuit court for the district of Nebraska at the May term, 1879, and to place such levy upon the tax roll for 1879. cited Dillon on Mun.
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This was an original application for a mandamus to compel the county commissioners of Dodge county to meet and levy a tax upon all the property of Eremont precinct in said county sufficient to pay a judgment recovered by the relator in the United States circuit court for the district of Nebraska at the May term, 1879, and to place such levy upon the tax roll for 1879. cited Dillon on Mun. Corp., sec. 687-690. High on Extraordinary Legal Remedies, sees. 380, 395, 396. State v. Supervisors of Beloit, 20 Wis., 79. State v. City of Madison, 15 Wis., 30. People v. Supervisors, 8 New York, 317.…
1Opinion of the CourtLake, J.
In the consideration of this case the first inquiry naturally suggested is'as to the effect of the judgment on which the application for the ‘writ of mandamus is based. Unless this judgment be effective as such *22against Eremont precinct, and conclusive of the rights of the tax payors thereof respecting the bonds in question, we suppose there is no foundation for the proposed tax, and that the relief sought must be denied.
The judgment in question is nominally against the board of county commissioners of Dodge county, but contains a provision for its payment by means of a tax to be levied upon…
2Cited by11 opinions
- Davenport v. County of DodgeSupreme Court of the United States · 1882
- Clapp v. Otoe CountyCourt of Appeals for the Eighth Circuit · 1900
- Neale v. County Court of Wood CountyWest Virginia Supreme Court · 1897
- Goldsmith v. Baker CityOregon Supreme Court · 1897
- Woods Bros. Const. Co. v. Yankton CountyCourt of Appeals for the Eighth Circuit · 1927
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