(DOWNLOAD) "United States v. Anglin & Stevenson" by United States Court of Appeals for the Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Anglin & Stevenson
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 06, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
By regular proceedings had under the provisions of chapter 173, Laws of Oklahoma, 1923, 11 O.S. 1941, 81 et seq., the City of Poteau, in Le Flore County Oklahoma, created two street improvement districts, laid an assessment against the lots in each district, and issued paving bonds. In each instance the assessment was payable in ten annual installments due in the years 1925 to 1934, inclusive, and the bonds matured in 1934. The county owned some lots in one district which were devoted to public use, and they were included in the assessment. The city owned some lots in the other district, and they were included in the assessment. The city subsequently conveyed its lots to the county, and they are devoted to public use. No provision was made to raise funds with which to satisfy the assessments against the lots in either district. Default was made in the payment of some of the bonds in each issue, and the owners of certain delinquent bonds brought this action against the board of county commissioners, the excise board of the county, the clerk, and the treasurer of the city, seeking judgment fixing the liability of the county on account of the respective assessments and directing the issuance of a writ of mandamus to coerce the levying of a special tax for the purpose of creating funds with which to discharge the assessments against the county-owned property. On appeal from a judgment dismissing the action, we reversed and remanded with directions to enter judgment determining the amount due, and in the event of failure to make provision for the funds for payment of the judgment then to entertain jurisdiction in ancillary mandamus, Dwyer v. Le Flore County, Okl., 97 F.2d 823. After the mandate was spread, the trial court entered the judgment. Thereafter the county did not make provision for the raising of funds with which to satisfy the judgment, and plaintiffs filed in the cause their petition for an ancillary writ of mandamus. The court entered an order in the nature of judgment for mandamus directing the making of ten annual levies in connection with the county general fund levies sufficient in amount to discharge successively the ten annual installments of the assessments, with interest thereon at the rate of twelve per cent per annum from the due date of the installment until August 13, 1937, the date on which the complaint was filed in the cause, and interest thereafter on the aggregate of the installments and the already accrued interest at the rate of six per cent per annum. We affirmed, 137 F.2d 383. The Supreme Court vacated the judgment and remanded the cause to this court for reconsideration in the light of certain late decisions of the Supreme Court of Oklahoma, 322 U.S. 232, 64 S. Ct. 1015.