AMY V. THE SUPERVISORS, 78 U. S. 136 (1870)

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U.S. Supreme Court

Amy v. The Supervisors, 78 U.S. 11 Wall. 136 136 (1870)

Amy v. The Supervisors

78 U.S. (11 Wall.) 136


1. The state and national courts being independent of each other, neither can impede or arrest any action the other may take, within the limits of its jurisdiction, for the satisfaction of its judgments and decrees. Riggs v. Johnson County, 6 Wall. 265, affirmed.

2. Where the law requires absolutely a ministerial act to be done by a public officer and he neglects or refuses to do such act, he may be compelled to respond in damages to the extent of the injury arising from such nonfeasance or malfeasance. A mistake as to what his duty is and honest intentions will not excuse him.

Amy having obtained a judgment for money against Desmoines County, Iowa, in the Circuit Court for the District of Iowa, and not being paid, procured from the same court a mandamus against Burkholder, and several others, the supervisors of the county, to compel the levy of a tax. The mandamus not being obeyed, he sued them personally. They set up certain defenses, to which he demurred. The court overruled the demurrer, and he brought the case here.

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