Casualty Co. v. . Comrs. of Saluda

From early times in this State, and generally elsewhere, mandamus has been recognized as a proper proceeding to compel a levy of tax to pay a judgment against a municipality. Gooch v. Gregory, 65 N. C., 142; Lutterloh v. Comrs., 65 N. C., 403; Allen v. Drainage Comrs., 175 N. C., 190, 95 S. E., 170.

In fact, it is often the only remedy, since the property of a municipality necessary to carry on government is not subject to execution. Hardware Co. v. Schools, 151 N. C., 507, 66 S. E., 583; Brockenbrough v. Comrs., 134 N. C., 1, 46 S. E., 28; Weber v. Lee County, 73 U. S., 210, 18 L. Ed., 781.…