Brown v. Crego
Supreme Court of Iowa
Appeal from, Woodbwry Ci/rewit Oov/rt. The plaintiff claims to be the owner of an unsatisfied judgment which he obtained against O’Brien county, in the circuit court of the United States, for the district of Iowa. A tax was levied by the proper authorities of the county to pay the judgment, and a 'certain amount of money has been collected thereon, by the defendant, as treasurer of the county, which, it is alleged, he refuses to pay upon said judgment.
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Appeal from, Woodbwry Ci/rewit Oov/rt. The plaintiff claims to be the owner of an unsatisfied judgment which he obtained against O’Brien county, in the circuit court of the United States, for the district of Iowa. A tax was levied by the proper authorities of the county to pay the judgment, and a 'certain amount of money has been collected thereon, by the defendant, as treasurer of the county, which, it is alleged, he refuses to pay upon said judgment. This action is brought to compel, by mandamus, the payment of the amount thus collected by the defendant. A demurrer was interposed to the…
1Opinion of the CourtMxllbr, J.
county: payment of judgment. *i. mandamus : I. Whether or not the defendant should have made all of his objections to the jurisdiction of court in his demurrer, and what effect the decision of this court on appeal had upon his right to make a subsequent motion to dismiss the action for want of jurisdiction over the subject-matter, we will not stop to inquire, but will proceed to examine the question made by the motion.
The plaintiff bases his right of action upon the facts that the county of O’Brien is indebted to him upon a judgment in the Federal court; that a tax was levied by the proper…
2Cases cited3 opinions
- State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
- Bryan v. CattellSupreme Court of Iowa · 1864
- Brown v. CregoSupreme Court of Iowa · 1870
3Cited by2 opinions
- Evans v. BradleySouth Dakota Supreme Court · 1893
- Walker v. Barnard & Co.Court of Appeals of Texas · 1894