Deuel County v. First Nat. Bank of Buchanan County
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This is a proceeding by mandamus, which was brought to compel the levy of a tax to pay a judgment in'the sum of §5,102.40, with accrued interest and costs, which was recovered by the First National Bank of Buchanan County, St. Joseph, Mo., the defendant in error, against the county of Deuel et al., the plaintiffs in error, in the circuit court of the United States for the district of Nebraska,…
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In Error to the Circuit Court of the United States for the District of Nebraska. This is a proceeding by mandamus, which was brought to compel the levy of a tax to pay a judgment in'the sum of §5,102.40, with accrued interest and costs, which was recovered by the First National Bank of Buchanan County, St. Joseph, Mo., the defendant in error, against the county of Deuel et al., the plaintiffs in error, in the circuit court of the United States for the district of Nebraska, on July 1, 1896. The Consolidated Statutes of Nebraska of 1893, at pages 977, 978, contain the following provisions…
1Opinion of the Court
THAYER, Circuit Judge,
after stating the case as above, delivered the opinion of the court.. The questions open for review in this court upon the present record are: First, whether the motion to quash the alternative writ of mandamus was properly overruled; and, second, whether a peremptory writ of mandamus was properly awarded on the facts found and reported by the trial judge.
The principal ground urged by the respondents below in support of their motion to quash the alternative writ of mandamus is that, as the authority to issue a writ of mandamus against a county must be found in the laws…
2Cases cited10 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Riggs v. Johnson CountySupreme Court of the United States · 1868
- United States v. New OrleansSupreme Court of the United States · 1879
- Ralls County Court v. United StatesSupreme Court of the United States · 1882
- Wolff v. New OrleansSupreme Court of the United States · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Little Rock v. United States ex rel. HowardCourt of Appeals for the Eighth Circuit · 1900
- United States ex rel. Masslich v. SaundersCourt of Appeals for the Eighth Circuit · 1903
- State ex rel. Young v. RoyseNebraska Supreme Court · 1904
- Village of Oshkosh v. Nebraska ex rel. Fairbanks, Morse & Co.Court of Appeals for the Eighth Circuit · 1927
- State Ex Rel. Gillespie v. VickersSupreme Court of Florida · 1933