Cape Girardeau County Court v. Hill

Citations

• 118 U.S. 68
• 6 S. Ct. 951
• 30 L. Ed. 73
• 1886 U.S. LEXIS 1903

Syllabus

<p>A statute authorizing a municipal corporation to create a debt, required a tax to be levied on real estate to pay it. After the debt was contracted, an • amendment to the act authorized the levy for that purpose to be made on personal property also. The debt not being paid, and both acts being in force, the creditor acquired by due proceedings the right to a writ of mandamus, directing the levy of a tax in order to pay his debt: Held, that he was entitled to a writ commanding the levy on both species of property.</p> <p>The act of the Legislature of Missouri of May 10, 1871, amending the act of March 23,1868, entitled “An Act to facilitate the construction of railroads in the State of Missouri ” was not repealed by the failure of the legislature to incorporate it into the Revision of 1879.</p>