City of Little Rock v. United States ex rel. Howard
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. The judgment challenged by this writ of error directs the city of Tittle Bock, its mayor, clerk, and city council, the plaintiffs in error, to issue and deliver to the relator YV.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. The judgment challenged by this writ of error directs the city of Tittle Bock, its mayor, clerk, and city council, the plaintiffs in error, to issue and deliver to the relator YV. B. Worthen, one of the defendants in error, upon payment by him of the legal fees of the mayor and city clerk for issuing them, warrants of that city, in specified sums, to the amount of the principal and interest of a certain judgment against that city which the relator owns, and orders the issue of a peremptory writ of…
1Opinion of the CourtSanborn, Circuit Judge
The writ of mandamus issues only to compel the discharge of a plain duty, which the parties commanded have lawful authority to do. Has a city of the state of Arkansas the poYver, and is it its duty, to issue its Yvarrants to one of its taxpayers in payment of a judgment *420which he has against it, when it has no other means of paying him, and when it has not, and will not have during the coming year, any money in its treasury in excess of that absolutely necessary to defray its current expenses, with which to pay either the judgment or the warrants? This is the question which this case presents,…
2Cases cited21 opinions
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- United States v. FreemanSupreme Court of the United States · 1845
- Supervisors v. United StatesSupreme Court of the United States · 1867
- United States v. BabbitSupreme Court of the United States · 1862
- City of Galena v. AmySupreme Court of the United States · 1867
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- May v. Board of DirectorsCalifornia Supreme Court · 1949
- United States v. AllenCourt of Appeals for the Eighth Circuit · 1910
- Claunch v. ClaunchMissouri Court of Appeals · 1975
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
- Little River Bank & Trust Co. v. JohnsonSupreme Court of Florida · 1932
15 more not listed; retrieve them via the Exa API.