Deere, Wells & Co. v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Council Bluffs Superior Court. — Hon. J. E. F. McG-ee, Judge. Action of mandamus to compel the payment of certain judgments. A demurrer to. the answer was sustained, and judgment was rendered in favor of the plaintiffs as prayed. The defendants appeal.
1Opinion of the CourtRobinson, C. J.
The judgments in question were rendered against the city of Council Bluffs by a mayor of the incorporated town of Oakland' in December, 1888. In March, 1890, transcripts of the judgments were filed in the office of the clerk of the district court of Pottawattamie county. Executions have been issued on them, and returned unsatisfied. The judgment debtor has- been requested to pay them, or to levy a tax to raise a fund for their payment, but has neglected and refused to do so. The plaintiffs ask for an alternative writ requiring the defendants, the city of Council Bluffs and its treasurer, to…
2Cases cited2 opinions
- Milner v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1889
- Weber v. HamiltonSupreme Court of Iowa · 1887
3Cited by1 opinion
- Coffman v. TrimbleSupreme Court of Iowa · 1894