David Yost v. Dallas County
Decision Date | 18 January 1915 |
Docket Number | No. 604,604 |
Parties | DAVID YOST v. DALLAS COUNTY |
Court | U.S. Supreme Court |
Mr. Harry J. Cantwell for David Yost.
[Argument of Counsel from pages 50-54 intentionally omitted] Messrs. John S. Haymes and J. W. Miller for Dallas County.
This case comes here upon a certificate from the circuit court of appeals. It is a suit in equity and the bill was dismissed by the district court. The facts alleged are, in short, as follows: A statute of Missouri incorporated the Laclede & Fort Scott Railroad, and authorized counties to invest in its stock and bonds, and to issue county bonds in order to pay for the same. The appellee did so, afterwards defaulted upon its bonds, and the appellant recovered judgment upon them in the same district court for over a million dollars. Under the laws in force when the bonds were issued it was the duty of the county officers to levy and collect annually a tax of 30 per cent of the amount of the bonds issued, but this duty never has been performed, and the county officers evade service of writs of mandamus, or, if served, refuse to obey the writs. There is no other mode of obtaining satisfaction, and the duties of levying and assessing the tax are only those of apportioning the tax among the taxable inhabitants on the basis of the last previous assessment which has been made, and of collecting it. The prayer is for the appointment of a commissioner to levy, to collect, and pay over the tax according to the Missouri law. The questions certified are:
'1. Has a district court of the United States, sitting as a court of equity, jurisdiction of such a cause?
...
To continue reading
Request your trial-
City of Boston v. McGovern
... ... Osborne, 135 U.S. 492, ... 499, 10 Sup.Ct. 1012, 34 L.Ed. 260; Yost v. Dallas ... County, 236 U.S. 50, 56, 35 Sup.Ct. 235, 59 L.Ed. 460 ... ...
-
Johnson v. Riverland Levee Dist.
...93 U.S. 258, 23 L.Ed. 893; Preston v. Sturgis Milling Co., 6 Cir., 183 F. 1, 32 L.R.A.,N.S., 1020. In Yost v. Dallas County, 236 U.S. 50, 35 S.Ct. 235, 236, 59 L.Ed. 460, a judgment had been obtained against the county on bonds issued by it, and suit was brought in the federal court praying......
-
City of Pueblo v. Grand Carniolian Slovenian Catholic Union of U.S. of America
...County, 41 N.M. 658, 73 P.2d 333, 113 A.L.R. 746; Thompson v. Allen, 115 U.S. 550, 6 S.Ct. 140, 29 L.Ed. 472; and Yost v. Dallas County, 236 U.S. 50, 35 S.Ct. 235, 59 L.Ed. 460. On the date the opinion of this court was announced in Case No. 17059, the City Council of Pueblo adopted Resolut......
-
Meyer v. City of Eufaula, Okl.
...States v. County of Macon, 99 U.S. 582, 25 L.Ed. 331; Meriwether v. Garrett, 102 U.S. 472, 515, 26 L.Ed. 197; Yost v. Dallas County, 236 U.S. 50, 35 S.Ct. 235, 59 L.Ed 460; Johnson v. Riverland Levee District, 8 Cir., 117 F.2d 711, 134 A.L.R. 326; Rorick v. United States Sugar Corporation, ......