Legal Opinion

State ex rel. Coolsaet v. City of Veblen

South Dakota Supreme Court

Decided June 23, 1931No. File No. 6971PublishedCited by 4 opinions

1Opinion of the CourtRudolph, J.

Defendant appeals from the judgment entering the peremptory writ of mandamus requiring them, as officers of the city of Veblen, to levy a tax upon the taxable property of the city, in an amount sufficient to pay a judgment held by the plaintiffs in the sum of $10,563.44 and accrued interest.

The trial court rendered the judgment and issued the writ on the theory that, when a final judgment has been rendered against a city, it is the duty of the city council to pay it immediately, and, if there are no available funds with which to make the payment, a special tax shall be levied sufficient to…

2Cases cited4 opinions

  1. Edmundson v. Independent School DistrictSupreme Court of Iowa · 1896
  2. State ex rel. Coolsaet v. City of VeblenSouth Dakota Supreme Court · 1930
  3. Howard v. City of HuronSouth Dakota Supreme Court · 1894
  4. Swenehart v. StrathmanSouth Dakota Supreme Court · 1900

3Cited by4 opinions

  1. Rosebud Lumber & Coal Co. v. RyanSouth Dakota Supreme Court · 1939
  2. Middle States Utilities Co. v. City of OsceolaSupreme Court of Iowa · 1940
  3. Tubbs v. LinnSouth Dakota Supreme Court · 1955
  4. Barker v. State Ex Rel. NapoleonNew Mexico Supreme Court · 1935

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