People ex rel. Gertz v. Kelly

Mr. Presiding Justice. O’Connor

delivered the opinion of the court.

A petition praying that a writ of mandamus issue to compel the city of Chicago to pay a judgment for $1,500 and costs of $23.70 entered by the circuit court of Chicago May 18,1939, was filed May 8,1940. After the issue was made up a trial was had, judgment awarding the writ was entered, and defendants appeal.

It was alleged that the city council “has appropriated and levied sufficient moneys to pay the judgment” ; that the city had collected ample moneys to pay the judgment; that it had collected since the rendition of the…