Brown v. Crego
Supreme Court of Iowa
Appeal from O'Brien Circuit Court. Tuesday, August 4. Plaintifp holds a judgment against O’Brien county, rendered in the circuit court of the United States for the state of Iowa. A tax was levied by the county authorities to pay the judgment, and a certain amount of money was collected thereon, which, however, the defendant, treasurer of the county, refuses to pay upon said judg-. ment.
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Appeal from O'Brien Circuit Court. Tuesday, August 4. Plaintifp holds a judgment against O’Brien county, rendered in the circuit court of the United States for the state of Iowa. A tax was levied by the county authorities to pay the judgment, and a certain amount of money was collected thereon, which, however, the defendant, treasurer of the county, refuses to pay upon said judg-. ment. Plaintiff instituted this proceeding in the circuit court of the county for relief, asking that a writ of mandamus issue to compel the defendant to pay over upon said judgment said money. Defendant demurred to…
1Opinion of the CourtBeck, J.
Section 4 of the act of April 3, 1868 (Laws of the 12th General Assembly, p. 114), confers upon the circuit courts concurrent jurisdiction with the district courts in certain cases. It provides that such jurisdiction shall be exercised “in all civil actions at law, and in fore*322closure of mortgages;” specifies other cases wherein it may have like jurisdiction, but does not enumerate mandamus proceedings. It is admitted, that, unless such proceedings are included in the expression used in the statute cited, “all civil actions at law,” jurisdiction therein is not conferred upon the circuit court.…
2Cases cited2 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Kendall v. StokesSupreme Court of the United States · 1845
3Cited by5 opinions
- Woodworth v. Old Second National BankMichigan Supreme Court · 1906
- Windsor v. Polk CountySupreme Court of Iowa · 1901
- Brown v. CregoSupreme Court of Iowa · 1871
- Ford v. City of ManchesterSupreme Court of Iowa · 1907
- Walker v. SleightSupreme Court of Iowa · 1870