Fleming v. Trowsdale
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. Application for a writ of mandamus was made by petition filed in the circuit court of the United States for the district of Kentucky on the 16th day of April, 1897, by defendant in error, a citizen of the state of Tennessee, against plaintiff in error Fleming, as judge of the county court of Muhlenberg county, Ky., the utker plaintiffs in error being justices of' the peace for said county.
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In Error to the Circuit Court of the United States for the District of Kentucky. Application for a writ of mandamus was made by petition filed in the circuit court of the United States for the district of Kentucky on the 16th day of April, 1897, by defendant in error, a citizen of the state of Tennessee, against plaintiff in error Fleming, as judge of the county court of Muhlenberg county, Ky., the utker plaintiffs in error being justices of' the peace for said county. The writ was sought to compel the levy of a tax to satisfy a judgment for $6,778.80, recovered by defendant in error against…
1Opinion of the CourtClark, District Judge
The answer offered by defendants presented only questions of law, and objections which sought to go behind the judgment and open up the case, and there was no error in refusing to allow it to be filed. The legal questions, as to which plaintiff in error is not concluded by the judgment recovered, will be considered further on. But questions affecting the validity and correctness of the judgment were not open in this proceeding. Chanute City v. Trader, 132 U. S. 210, 10 Sup. Ct. 67; Harshman v. Knox Co., 122 U. S. 306, 7 Sup. Ct. 1171; Mayor v. Lord, 9 Wall. 409; U. S. v. New Orleans, 98 U. S.…
2Cases cited12 opinions
- Riggs v. Johnson CountySupreme Court of the United States · 1868
- United States v. New OrleansSupreme Court of the United States · 1879
- Rees v. City of WatertownSupreme Court of the United States · 1874
- Harshman v. Knox CountySupreme Court of the United States · 1887
- Mayor v. LordSupreme Court of the United States · 1870
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3Cited by3 opinions
- School Directors of District No. 153 v. School Directors of District No. 154Illinois Supreme Court · 1908
- Kinney v. Eastern Trust & Banking Co.Court of Appeals for the Sixth Circuit · 1903
- Preston v. Chicago, St. L. & N. O. R.District Court, W.D. Kentucky · 1910