City of Ft. Madison v. Ft. Madison Water Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. This was an application by the Ft. Madison Water Company for a writ of mandamus to compel the municipal authorities of the City of Ft. Madison, Iowa, to levy and collect a tax sufficient to pay a judgment" which the water company had obtained against the city for unpaid hydrant rental.
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In Error to the Circuit Court of the United States for the Southern District of Iowa. This was an application by the Ft. Madison Water Company for a writ of mandamus to compel the municipal authorities of the City of Ft. Madison, Iowa, to levy and collect a tax sufficient to pay a judgment" which the water company had obtained against the city for unpaid hydrant rental. In 1885 the city and one Inman entered into a contract, by means of an ordinance and its acceptance, whereby the former rented certain hydrants, to be installed in connection with a system of waterworks, and obligated itself…
1Opinion of the CourtHook, Circuit Judge
(after stating the case as above). The. judgment upon which is predicated the application of the water company for a writ of mandamus was affirmed by this court in City of Ft. Madison v. Ft. Madison Water Co., 114 Fed. 292, 52 C. C. A. 204. It was there said:.
“Whether the water company can by mandamus compel the city to levy either a general or special tax to pay such judgment is a question ¡not raised by this record. The right to a judgment against the city for the debt, and the right to a mandamus to compel the city to levy a tax to pay the judgment, are separate and distinct questions, the…
2Cases cited16 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Louisiana v. PilsburySupreme Court of the United States · 1882
- Mobile v. WatsonSupreme Court of the United States · 1886
- Ralls County Court v. United StatesSupreme Court of the United States · 1882
- Wolff v. New OrleansSupreme Court of the United States · 1881
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3Cited by6 opinions
- Moore v. OtisCourt of Appeals for the Eighth Circuit · 1921
- Perryman v. City Home BuildersSupreme Court of Oklahoma · 1926
- Dantoni v. Board of Levee Commissioners of Orleans Levee DistrictSupreme Court of Louisiana · 1955
- Diekroeger v. JonesMissouri Court of Appeals · 1941
- Perry v. Town of SamsonDistrict Court, M.D. Alabama · 1926
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