City of Cairo v. Everett

Citations

• 107 Ill. 75
• 1883 Ill. LEXIS 228

Syllabus

<p>1. Mandamus—to compel city to levy tax to pay judgment—of ike prior demand. A written demand by a creditor for the payment of a judgment against a city, and a neglect to pay, is sufficient to authorize a mandamus requiring the city council to levy a tax for the payment of the judgment. It is not necessary that the creditor should first demand the levy of such tax. The demand of payment is held to include a demand to do any particular thing necessary to such payment.</p> <p>2. Same—for payment of judgment after its affirmance. Where a judgment against a city has been affirmed, on error or appeal, it is not necessary that a copy of the order of affirmance be filed with the circuit clerk before filing a petition for a mandamus to compel the city council to levy a tax to pay such judgment. Section 82 of the Practice act has respect, alone, to proceedings in the lower court for carrying into execution the judgment, and has no application to independent proceedings upon the judgment elsewhere.</p> <p>3. An order in a judgment against a city for a certified copy thereof to be delivered to the city council, is a provision the performance of which is not at all essential to the validity of the judgment, nor'to the taking of any proceedings for its enforcement.</p>