Defoe v. Town of Rutherfordton

PARKER, Circuit Judge.

This is an appeal from an order reducing the amount directed to be paid in a writ of mandamus. On April 22, 1938, the plaintiff, Frederick W. DeFoe, obtained judgment against the town of Ruth-erfordton, N.C. in the sum of $5,301.25. On August 13, 1938, upon hearing duly had, a peremptory writ of mandamus was entered directing the town to pay the judgment in the following manner, viz.: $1,000 on or before September 1, 1938, $1,425 on or before the 1st day of September in each of the years 1939, 1940 and 1941, and the remainder on or before September 1, 1942. The writ…