Legal Opinion
Carter County v. Schmalstig
Court of Appeals for the Sixth Circuit
Decided January 18, 1904No. 1,213PublishedCited by 3 opinions
Appeal from the Circuit Court" of the United States for the Eastern District of Kentucky, at Covington.
1Opinion of the Court
LURTON, Circuit Judge.
This is an appeal from a judgment awarding a peremptory writ of mandamus. The writ commands the defendants, the judge and justices composing the county court of Carter county, to levy an additional tax to one theretofore levied for the same purpose, but which had proved insufficient to pay and satisfy a judgment in favor of David Sinton against the county of Carter for $47,435.60 and costs, rendered December 7, 1889.
Mandamus is a legal, and not an equitable, proceeding, and a mandamus after a judgment to compel the levy of a tax is in the nature of an execution to…
2Cases cited5 opinions
- Riggs v. Johnson CountySupreme Court of the United States · 1868
- Heine v. Levee CommissionersSupreme Court of the United States · 1874
- United States Ex Rel. Crawford v. AddisonSupreme Court of the United States · 1860
- Columbian Ins. Co. v. WheelrightSupreme Court of the United States · 1822
- Ward v. GregorySupreme Court of the United States · 1833
3Cited by3 opinions
- State, Ex Rel. v. Bd. of Edn.Ohio Supreme Court · 1926
- State ex rel. Warren v. RaabeNebraska Supreme Court · 1941
- State ex rel. Carson v. Board of EducationOhio Supreme Court · 1926