Marion County v. Coler

• Decision Date: 02 June 1896
• Docket Number: 482.
• Citation: Marion County v. Coler, 75 F. 352 (5th Cir. 1896)
• Parties: MARION COUNTY et al. v. COLER et al.
• Court: U.S. Court of Appeals — Fifth Circuit

75 F. 352

MARION COUNTY et al. v. COLER et al.

No. 482.

United States Court of Appeals, Fifth Circuit.

June 2, 1896

F. H Prendergast, for plaintiffs in error.

W. S Herndon and Ben. B. Cain, for defendants in error.

Before PARDEE and McCORMICK, Circuit Judges, and SPEER, District judge.

PARDEE Circuit Judge.

This cause has been presented to this court on an assignment of errors complaining that the trial court refused a jury trial that J. C. Hart, tax collector, and J. E. Cooke, tax assessor, were improperly included in the judgment awarding a mandamus, because no demand and refusal were shown against them; and that, as to Marion county, the judgment awarded was excessive, illegal, and oppressive.The material facts in the case were admitted in the pleadings, and the trial in the court below was practically upon the petition and answers.If no material fact was at issue, a jury was unnecessary.The defendantsJ. C. Hart, tax collector, and J. E. Cooke, tax assessor, appeared in the court below, and filed a demurrer to the plaintiffs' petition on the ground that the same did not show any legal duty resting on the defendants to do anything which they had failed to do, and did not show any demand on them to do anything which they refused to do.What disposition was made of this demurrer in the court below does not appear.The court, however, in awarding judgment, directs that the said defendants, J. E. Cooke, assessor of taxes for Marion county, and J. C. Hart, collector of taxes for Marion county, proceed forthwith, as provided by the laws for the assessment and collection of state...