A General Digest of the English and American Cases Upon the Law of Corporations for the Ten Years from July, 1868, to July, 1878, with Acts of Congress; Being a Supplement to Abbott's Digest of Corporations

A General Digest of the English and American Cases Upon the Law of Corporations for the Ten Years from July, 1868, to July, 1878, with Acts of Congress; Being a Supplement to Abbott's Digest of Corporations

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...charges, by having received and expended the subscription of a county for $5 50,000, which was made under the act of the legislature, containing a provision requiring railroads taking subscriptions under it, to take the tax receipts from the tax-payers in payment for freight and passenger charges, --Held, that mandamus was the proper remedy to enforce compliance. 1b. 15. When it should be refused. The courts of the United States can impart no taxing power to a municipal corporation; and an attempt by them to compel by mandamus the levy of a tax not authorized by the laws of the State, would be an abuse of the writ. Ark. Szqfiremz Ct. 187 5, Vance 1/. Little Rock, 30 Ark. 435. 16. The remedy for an erroneous assessment is by application to the board of equalization, from whose decision an appeal may be taken to the circuit court. /llandamus will not lie to compel the officers of a county to strike out an assessment alleged to be erroneous. Iowa Supreme Ct. 1876, Meyer 1/. County of Dubuque, &c. 43 Iowa, 592. 17. A writ of mandamus will not issue commanding an officer to do what is not within his power to do. If he has put it out of his power to do his duty, he may be liable in damages to one prejudiced by his act, but in such case mandamus will not lie. So /reld where the writ was asked to compel a municipal officer to apply certain city funds to the payment of a judgment against the city, he having previously diverted such funds and expended them for other purposes. Iowa Supreme Ct. 1876, Rice 1/. Walker, 4.4 Iowa, 458 18. A petition for mandamus to compel a transfer of shares of a corporation, will not be granted, if the petitioner can be indemnified for the refusal to transfer in an action at law. Mass. Supreme Ct. 1872, Murray 1/....show more

Product details

  • Paperback | 532 pages
  • 189 x 246 x 27mm | 939g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236773721
  • 9781236773722