Legal Opinion · Concurrence

Meriwether v. Garrett

Supreme Court of the United States

Decided December 13, 1880No. 575Published

Appeal from the Circuit Court of the United States for the Western District of Tennessee’. On Feb. 28,. 1879, Robert Garrett and others filed their bill in' the court below against the City of Memphis, Tennessee, setting for.th that they are the owners and holders of overdue and unpaid bonds and coupons and other evidences of her indebtedness to the amount of more tha,n • $100,000, upon much of which indebtedness'they have secured judgments and writs of mandamus to…

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Appeal from the Circuit Court of the United States for the Western District of Tennessee’. On Feb. 28,. 1879, Robert Garrett and others filed their bill in' the court below against the City of Memphis, Tennessee, setting for.th that they are the owners and holders of overdue and unpaid bonds and coupons and other evidences of her indebtedness to the amount of more tha,n • $100,000, upon much of which indebtedness'they have secured judgments and writs of mandamus to compel-the collection thereof, but that, owing to the’malfeasance, misfeasance, and incompetency of-her officers charged with the…

1Concurrence

Mr. Justice Strong,

with whom óoncurred Mr. Justice Swayne and Mr. Justice Harlan, dissenting.

The several bills of the 'complainants ^vere consolidated in the Circuit Court, and, so far as it appears, yithout objection. They are, therefore, to be considered as one1' ¿ase. - The important facts averred in the bills and- confessed T>y the demurrer are the following: —

The complainants are creditors of the city of -Memphis. For a part of - their claims they had- recovered judgments against the city before the bills were filed, and had obtained writs of mandamus to. enforce the levy' of taxes to…

2Cases cited13 opinions

  1. Von Hoffman v. City of QuincySupreme Court of the United States · 1867
  2. Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
  3. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  4. Rees v. City of WatertownSupreme Court of the United States · 1874
  5. People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873

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