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Leavenworth v. Kinney

U.S.
Mar 3, 1879
154 U.S. 642 (1879)

Summary

In Leavenworth v. Kinney, supra, the writ was directed to the mayor and council of the city of Leavenworth without naming them as individuals, and the objection was that it should have been directed to the persons who were mayor and councilmen.

Summary of this case from Cunningham v. County of Hawaii

Opinion

No. 744.

Submitted January 10, 1879. Decided March 3, 1879.


This case is substantially disposed of by that of Board of County Commissioners of the County of Leavenworth v. Sellew, just decided, 99 U. S. 624. A peremptory writ of mandamus has been ordered against the mayor and council of the city of Leavenworth in their corporate capacity, and the objection is that it should have been directed to the persons who were mayor and councilmen. The principle upon which the decision in the other case rests is conclusive of this, and the judgment of the Circuit Court is consequently affirmed, and the cause remanded with authority, if necessary, to so modify the order which has been entered, in respect to the time for the levy and collection of the tax, as to make the writ effective for the end to be accomplished.

Affirmed.

Mr. M. H. Carpenter for plaintiff in error.

Mr. T. A. Hurd and Mr. L. B. Wheat for defendant in error.


Summaries of

Leavenworth v. Kinney

U.S.
Mar 3, 1879
154 U.S. 642 (1879)

In Leavenworth v. Kinney, supra, the writ was directed to the mayor and council of the city of Leavenworth without naming them as individuals, and the objection was that it should have been directed to the persons who were mayor and councilmen.

Summary of this case from Cunningham v. County of Hawaii
Case details for

Leavenworth v. Kinney

Case Details

Full title:LEAVENWORTH v. KINNEY, ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR…

Court:U.S.

Date published: Mar 3, 1879

Citations

154 U.S. 642 (1879)

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