Hawley v. Fairbanks

Citations

• 108 U.S. 543
• 2 S. Ct. 846
• 27 L. Ed. 820
• 1883 U.S. LEXIS 1064

Syllabus

<p>Appeal — Conflict of Law — Injunction—Jurisdiction—Mandamus—Municipal Bonds — Municipal Corporations — Statutes.</p> <p>An act of the State of Illinois authorizing subscriptions by municipalities to . .the 'stock of a railroad company required the town clerks to-transmit to( county clerks transcripts of votes authorizing subscriptions, and the amount voted and the rate of interest to be paid, and after issue of bonds, certificates of the amount of bonds issued, the rate of interest thereon, and the number of each bond. It also required the county clerk, after the execution and delivery of the bonds, to annually compute and assess upon the township enough to pay the accruing interest and cost of collection, and a fund for redemption. A subsequent statute authorized holders of such bonds to. register them with the State auditor of public accounts, and made it the duty of the auditor to estimate the amount- of assessment necessary to meet the interest, &c., and to inform the county clerk: Held, '</p> <p>That the object of each act was to provide a mode for information to reach the county clerk as to the amount of money necessary to be raised for these purposes, and that certified copies of judgments recovered in the Circuit Court of the United States by such bondholders -upon their bonds -lodged with the county clerk, had the same force and effect as information derived in the inodes provided by law, and made it the duty of the clerk to proceed with the computation and assessment of the tax.</p> <p>Where a State court enjoined a municipal officer from enforcing a tax to pay a municipal obligation, and subsequently to theTríjunction a judgment for payment of the interest which it was agreed should be made by the assessment and collection of the tax was recovered in a circuit court of the United States, the injunction cannot stand in the way of the enforcement of the tax by the circuit court, to carry its judgment into execution.</p> <p>When distinct causes of. action