Coy v. City Council of Lyons City
Supreme Court of Iowa
Appeal from Clinton District Court. The plaintiff, Raving recovered judgment against the defendant, Lyons City, for two thousand four hundred and eighty-five dollars debt, besides costs, upon which execution had been issued and duly returned no property found, made a written demand of the city council for immediate payment, and that they, as soon as possible, levy and collect a tax in money to pay the same; which being refused, the plaintiff brought his suit to compel the…
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Appeal from Clinton District Court. The plaintiff, Raving recovered judgment against the defendant, Lyons City, for two thousand four hundred and eighty-five dollars debt, besides costs, upon which execution had been issued and duly returned no property found, made a written demand of the city council for immediate payment, and that they, as soon as possible, levy and collect a tax in money to pay the same; which being refused, the plaintiff brought his suit to compel the city council to so levy and collect such tax, and on final hearing a peremptory mandamus was granted, and defendant…
1Opinion of the CourtCole, J.
On the final hearing of the cause, the following facts were admitted by the parties: 1st. That defendant is an incorporated city, with mayor and council; 2d. That plaintiff obtained judgment as claimed; 8d. That it is unpaid; 4th. That an execution was duly issued and returned no property; 5th. That plaintiff had duly demanded payment, and also demanded the levy and collection of a money tax sufficient to pay plaintiff’s claim; 6th. That defendant refused to pay or levy the tax, and also refused to pay a part in city orders, but offered to pay the whole in city orders; 7th. That at no time…
2Cited by40 opinions
- Riggs v. Johnson CountySupreme Court of the United States · 1868
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- County of Mitchell v. City National BankTexas Supreme Court · 1898
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