Duke v. Turner
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The facts are stated in the opinion. The rule, that in an action upon a municipal warrant,'the statute of limitations does not commence to run against such' action until there is money in the treasury to pay the same, does not apply to an action in mandamus to compel a tax levy to pay such warrant.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The facts are stated in the opinion. The rule, that in an action upon a municipal warrant,'the statute of limitations does not commence to run against such' action until there is money in the treasury to pay the same, does not apply to an action in mandamus to compel a tax levy to pay such warrant. Turner v. Guthrie, 13 Oklahoma, 26; Barnes v. .Glide, 117 California, 1; Prescott v. Gonser, 34 Iowa, 175. Even in an ordinary suit for a money judgment on a municipal warrant against the municipality -issuing it such action accrues when the…
1Opinion of the CourtJustice Day
The original action was a proceeding in mandamus commenced in the District Court of Logan County, Oklahoma Territory, July 23, 1903, by Turner and Kirkwood against the mayor and councilmen of the city of Guthrie. The petitioners obtained a writ of mandamus in the District Court to compel the city officials, for the payment of certain warrants, to levy a tax upon the property of persons residing in the territory covered by various former “provisional governments,” and known as Guthrie proper, East Guthrie, West Guthrie and Capitol Hill, now included in the city of Guthrie.
These warrants were…
2Cases cited2 opinions
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Guthrie National Bank v. GuthrieSupreme Court of the United States · 1899
3Cited by19 opinions
- United States Ex Rel. Arant v. LaneSupreme Court of the United States · 1919
- Buell v. Jefferson County CourtOregon Supreme Court · 1944
- City of Paducah v. GillispieCourt of Appeals of Kentucky (pre-1976) · 1938
- Sese v. United StatesUnited States Court of Claims · 1953
- Board of Education of Duncan v. JohnstonSupreme Court of Oklahoma · 1941
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