State ex rel. Soutter v. Common Council of the Madison
Wisconsin Supreme Court
APPLICATION for a mandamus, to compel tbe common council of tbe city of Madison to levy and collect a tax for tbe payment of a judgment recovered by tbe relator against tbe city in tbe United States court for tbe district of Wisconsin.
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APPLICATION for a mandamus, to compel tbe common council of tbe city of Madison to levy and collect a tax for tbe payment of a judgment recovered by tbe relator against tbe city in tbe United States court for tbe district of Wisconsin. An alternative writ was issued, wbicb tbe defendant moved to quash. argued that a mandamus should not be issued where there is another remedy, and that it did not yet appear that an execution would not be effectual ; that tbe charter did not specifically require tbe common council to levy tbe tax (2 Hill, 46); that if it was a corporate duty, an action on tbe…
1Opinion of the Court
By the Court,
Paiwe, J.
This was an application for a writ of mandamus, to compel tbe common council of Madison to levy a tax for tbe purpose of paying a judgment wbicb tbe relator has recovered against tbe city in tbe District Court of tbe United States for tbe district of Wisconsin. Tbe counsel for tbe city moved to quash tbe alternative writ. No question was made as to tbe validity of tbe judgment, and disposing of tbe case upon tbe questions raised, we can see no good reason for granting tbe motion.
Tbe use of tbe writ of mandamus to compel corporate authorities to levy a tax, tbe levying of…
2Cases cited6 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Tarbell v. GriggsNew York Court of Chancery · 1831
- Von Baumbach v. BadeWisconsin Supreme Court · 1859
- Phelps v. RooneyWisconsin Supreme Court · 1860
- Hastings v. GwynnWisconsin Supreme Court · 1860
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3Cited by40 opinions
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Commissioners v. SellewSupreme Court of the United States · 1879
- Klemm v. DavenportSupreme Court of Florida · 1930
- Norris v. Montezuma Valley Irr. Dist.Court of Appeals for the Eighth Circuit · 1918
- State ex rel. Hahn v. YoungSupreme Court of Minnesota · 1881
35 more not listed; retrieve them via the Exa API.