Evans v. Bradley
South Dakota Supreme Court
Appeal from circuit court, Pall River county. Hon. William Gardner, Judge. Application by Fred T. Evans for a mandamus to James Bradley, treasurer of Fall River county, to compel the payment of a judgment. Plaintiff had mandamus granting the writ. Defendant appeals. Mandamus is the proper remedy for enforcing a judgment against a municipality to be paid out of a special fund. High Ex. Leg. Rem. §§ 229, 365 and 367; 2 Dillon Mun.
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Appeal from circuit court, Pall River county. Hon. William Gardner, Judge. Application by Fred T. Evans for a mandamus to James Bradley, treasurer of Fall River county, to compel the payment of a judgment. Plaintiff had mandamus granting the writ. Defendant appeals. Mandamus is the proper remedy for enforcing a judgment against a municipality to be paid out of a special fund. High Ex. Leg. Rem. §§ 229, 365 and 367; 2 Dillon Mun. Corp. § 861. The regularity and validity of the original judgment cannot be questioned in this proceeding. 1 Black Judg. §§ 245, 252; Freem. Judg. §§ 330 and 533;…
1Opinion of the CourtCorson, J.
On January 6, 1892, the judge of the circuit court of the Seventh judicial circuit, at Hot Springs, Fall River county, issued an alternative writ of mandamus, directed to the defendant, as county treasurer of Fall River county, commanding him to pay a certain judgment for 5,046.38, rendered against the said county in favor of the plaintiff, or show cause, etc., before the court, at Custer City, in Custer county, in said circuit, on the 9th day of January, 1892. To this alternative writ the defendant made no answer or return, and on February *8526th the said court at Rapid City, the county seat of…
2Cases cited10 opinions
- City of Olney v. Harvey & BoydIllinois Supreme Court · 1869
- Bailey v. Lawrence CountySouth Dakota Supreme Court · 1892
- State ex rel. Voight v. HoeflingerWisconsin Supreme Court · 1872
- City of Chicago v. SansumIllinois Supreme Court · 1877
- Rice v. WalkerSupreme Court of Iowa · 1876
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3Cited by6 opinions
- McCoy v. HandlinSouth Dakota Supreme Court · 1915
- State ex rel. Wiles v. AlbrightNorth Dakota Supreme Court · 1901
- South Dakota Employers Protective Ass'n v. PoageSouth Dakota Supreme Court · 1937
- Hardy v. PuringtonSouth Dakota Supreme Court · 1894
- Lawrence County v. Meade CountySouth Dakota Supreme Court · 1895
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