United States ex rel. Watts v. Justices of Lauderdale County
United States Circuit Court
Eule for Contempt. The relator recovered a judgment in the circuit court of the United States against Lauderdale county for $25,664.32, interest and costs, On bonds and coupons issued by the county in aid of the Memphis, Paducah & Northern Eailroad, which judgment was affirmed by the ■supreme court.
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Eule for Contempt. The relator recovered a judgment in the circuit court of the United States against Lauderdale county for $25,664.32, interest and costs, On bonds and coupons issued by the county in aid of the Memphis, Paducah & Northern Eailroad, which judgment was affirmed by the ■supreme court. The circuit court thereupon issued a peremptory writ of mandamus requiring the 26 justices of the peace composing the county court to levy a tax as other taxes were levied, and to collect the same, to pay the judgment. In order to evade obedience to the writ 21 of the justices tendered their…
1Opinion of the Court
Hammond, I). J.
I am unable to see why an officer served with a mandamus to levy taxes should be compelled to remain in office to discharge that duty any more than to discharge any other duty imposed by law*. The mandamus directs him to do what by law he should do without it, but does not, in any legal sense, make the duty more binding. U. S. v. Clark County, 95 U. S. 769. If an officer is justified in surrendering his office because its duties are disagreeable *462to him, or for any reason he does not wish to perform them, why may be not give it up for that reason as well after as before…
2Cases cited13 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Rees v. City of WatertownSupreme Court of the United States · 1874
- Edwards v. United StatesSupreme Court of the United States · 1881
- Thompson v. United StatesSupreme Court of the United States · 1881
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
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3Cited by13 opinions
- Bates v. BigbySupreme Court of Georgia · 1905
- Chevillard v. United StatesCourt of Appeals for the Ninth Circuit · 1946
- In Re: Leon A. Kendall v.Court of Appeals for the Third Circuit · 2013
- United States v. State of AlabamaDistrict Court, M.D. Alabama · 1959
- Haine v. GoogeDistrict Court, S.D. New York · 1965
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