State ex rel. Coolsaet v. City of Veblen
South Dakota Supreme Court
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
- Edmundson v. Independent School DistrictSupreme Court of Iowa · 1896
- State ex rel. Coolsaet v. City of VeblenSouth Dakota Supreme Court · 1930
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
- Swenehart v. StrathmanSouth Dakota Supreme Court · 1900
3Cited by4 opinions
- Rosebud Lumber & Coal Co. v. RyanSouth Dakota Supreme Court · 1939
- Middle States Utilities Co. v. City of OsceolaSupreme Court of Iowa · 1940
- Tubbs v. LinnSouth Dakota Supreme Court · 1955
- Barker v. State Ex Rel. NapoleonNew Mexico Supreme Court · 1935