Labette County Commissioners v. United States Ex Rel. Moulton

Citations

• 112 U.S. 217
• 5 S. Ct. 108
• 28 L. Ed. 698
• 1884 U.S. LEXIS 1873

Syllabus

<p>Mandamus will lie against county commissioners to compel steps to enforce a judgment recovered against an incorporated township within the county, when the law casts upon them the duty of providing for its satisfaction, and when mandamus is, in other respects, the proper remedy.</p> <p>Under the statutes of Kansas referred to in the case and opinion, it was the duty of the county commissioners to make the proper levy of a tax for payment of bonds of a township in the county issued in payment of a subscription to railroad stock. The assent and concurrence of the trustee of the township was not necessary.</p> <p>One writ of mandamus against all officers concerned in the separate but cooperative steps for levying and collecting a tax is the proper and effective remedy to enforce its collection.</p>