Weaver v. City of Ogden City

Citations

• 111 F. 323
• 1901 U.S. App. LEXIS 4966

Syllabus

<p>1. Mandamus — Municipal Corporations — Compbujng Payment of Jtidgm ENT.</p> <p>Petitioner prayed for a writ of mandamus against the respondent city and its mayor and council to compel them to appropriate money to pay certain judgments recovered against, the city, or to levy a tax therefor. Tlie return to the alternative writ showed that respondents had caused a warrant, to issue in favor of petitioner for the amount of such judgments, which was iondered to him and refused. The statutes of the state provided that all funds of the city should be paid out by its treasurer on warrants, which should be paid on presentation if there were sufficient funds on hand, and, if not, that they should be registered, and paid in the order of registration. No power was given the city to levy a special tax for the payment of judgments, nor to make a special appropriation of funds for such purpose; nor was if shown that the indebtedness on which the judgments were rendered was one for which a special levy or appropriation could ho made, nor that respondents had failed to levy taxes to the limit permitted by lawn Held that, under the elementary' rule that a mandamus can he issued against public corporations or officers only’ 1o compel performance of a plain duty imposed by law, no ground'was shown for the granting of the writ.1</p> <p>?. Municipal Corporations—Bight of Creditors—Enforcement of Judgments.</p> <p>The fact that the holder of claims against a municipal corporation has reduced the same to judgment gives him no new right in respect to the means of- enforcing payment, in the absence of a statute mailing special provision for the payment of judgments.</p>