Walkley v. City of Muscatine
Supreme Court of the United States
Appeal from a decree of the Circuit Court of the United States for Iowa. A bill had been filed in that court to compel the authorities of the city of Muscatine to levy a tax upon the property of the inhabitants, for the purpose of paying the interest on-certain bonds, to the amount of $130,000, that had been issued for the benefit of the Mississippi and Missouri Railroad Company.
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Appeal from a decree of the Circuit Court of the United States for Iowa. A bill had been filed in that court to compel the authorities of the city of Muscatine to levy a tax upon the property of the inhabitants, for the purpose of paying the interest on-certain bonds, to the amount of $130,000, that had been issued for the benefit of the Mississippi and Missouri Railroad Company. It appeared that a judgmeut had been recovered in the same court against the city for $7666, interest due on the bonds held by the plaintiff; .that execution had been issued and returned unsatisfied, no property…
1Opinion of the Court
Mr- Justice NELSON
delivered the opinion of the court.
Ve are of opinion the complainant has mistaken the appropriate remedy in the case, which was by writ of mandamus from the Circuit Court in which the judgment was rendered against the defendants. The writ affords a full and adequate remedy at law. There are uumerous recent cases in this court on the subject. *
We have been furnished with no authority for the substitution of a bill in equity and injunction for the writ of mandamus. An injunction is generally a preventive, not an affirmative remedy. It is sometimes used in the latter character,…
2Cited by31 opinions
- West Jersey Title & Guaranty Co. v. Industrial Trust Co.Supreme Court of New Jersey · 1958
- State Ex Rel. Dos Anigos, Inc. v. LehmanSupreme Court of Florida · 1930
- Thompson v. Allen CountySupreme Court of the United States · 1885
- Virginia v. West VirginiaSupreme Court of the United States · 1918
- Anthony J. Scherer, Jr. v. Thomas Brennan and Nick NoackCourt of Appeals for the Seventh Circuit · 1967
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