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COMMISSIONERS OF TAXING DISTRICT OF BROWNSVILLE v. LOAGUE

No. 1445.

129 U.S. 493 (1889)

9 S.Ct. 327

32 L.Ed. 780

COMMISSIONERS OF THE TAXING DISTRICT OF BROWNSVILLE, v. LOAGUE.

Supreme Court of United States.

Decided March 5, 1889.

Attorney(s) appearing for the Case

Mr. W.W. Rutledge and Mr. William M. Smith for plaintiffs in error.

Mr. Sparrel Hill, Mr. Henry Craft and Mr. L.P. Cooper for defendants in error.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

Mandamus lies to compel a party to do that which it is his duty to do without it. It confers no new authority, and the party to be coerced must have the power to perform the act.

On the 19th of March, 1886, when this petition was filed, had the Board of Commissioners the power to levy and collect taxes to pay the judgments in question?

The Circuit Court, in deciding that it had, proceeded...

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