Palmer v. Stacy
Supreme Court of Iowa
Appeal from Kossuth District Gou/rt. This is a proceeding by mandamus to compel defendants to levy a tax for the payment of a judgment against the town of Algona. Upon a trial on the merits a peremptory writ of mandamus was awarded against defendants, and from such judgment they appeal. Other facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
Plaintiff is the‘assignee of a judgment against the town of Algona, W. H. Ingham and L. II. Smith, rendered in favor of one Martin in an action to recover for personal injuries sustained on account of .the fault and negligence of the defendants therein just named. A part of the judgment was paid by Ingham and Smith. The petition shows that the town of Algona has no property subject to execution, and that it has failed to take any steps for the payment of the judgment. It asks that the defendants, as officers of the *341town, be required to levy a tax for tbe payment of tbe judgment, and to set…
2Cited by17 opinions
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- Regan v. BabcockSupreme Court of Minnesota · 1933
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