DAVENPORT V. COUNTY OF DODGE, 105 U. S. 237 (1881)

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U.S. Supreme Court

Davenport v. County of Dodge, 105 U.S. 237 (1881)

Davenport v. County of Dodge

105 U.S. 237


1. Where a precinct in an organized county in Nebraska voted, pursuant to the statute of that state approved Feb. 16, 1809, to aid a work of internal improvement, and bonds were, as in this case, issued therefor by the county commissioners (infra, p. 105 U. S. 238), held that, to enforce payment, the holder of them must sue the county, and judgment, if rendered in his favor, will be in form against it, and be collected by a tax upon the taxable property of the precinct.

2. The courts of the United States cannot by mandamus compel the collection of a tax to pay such bonds until a judgment upon them shall be obtained. County of Greens v. Daniel, 102 U. S. 187, cited on this point and approved.

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