Legal Opinion

Butz v. City of Muscatine

Supreme Court of the United States

Decided December 20, 1869PublishedCited by 53 opinions

In error to the Circuit Court of the United States for the District of Iowa. The case was this: A code of the State of Iowa, adopted in 1851, and known as the code of that year, after enacting that neither the public property of any city corporation necessary to carrying on the general purposes for which the corporation was established, nor the property of private citizens shall be levied on to pay the debt of such corporation, goes on to enact that if any corporation…

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In error to the Circuit Court of the United States for the District of Iowa. The case was this: A code of the State of Iowa, adopted in 1851, and known as the code of that year, after enacting that neither the public property of any city corporation necessary to carrying on the general purposes for which the corporation was established, nor the property of private citizens shall be levied on to pay the debt of such corporation, goes on to enact that if any corporation against which judgment has been obtained has no property which can be seized, “ a tax must be levied on as early as…

1Opinion of the CourtJustice Swayne

This case is brought before us by a writ of error to the Circuit Court of the United States for the District of Iowa.

The case as presented in the record is as follows: Upon the petition of the relator an alternative writ of mandamus was issued to; the defendants in error, wherein it was set forth that it had been represented to the court that the relator, on the 16th of May, 1867, recovered a judgment against the city of Muscatine for the sum of $57,615T‘56(J, with interest at the rate of seven per cent, per annum, upon which judgment an execution had~been issued and returned “ no property…

2Cases cited3 opinions

  1. Jefferson Branch Bank v. SkellySupreme Court of the United States · 1862
  2. United States v. BabbitSupreme Court of the United States · 1862
  3. Vance v. CampbellSupreme Court of the United States · 1862

3Cited by53 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Brinkerhoff-Faris Trust & Savings Co. v. HillSupreme Court of the United States · 1930
  3. United States v. New OrleansSupreme Court of the United States · 1879
  4. Ross v. OregonSupreme Court of the United States · 1913
  5. Tidal Oil Co. v. FlanaganSupreme Court of the United States · 1924

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