Thompson v. United States
103 U.S. 480 (1880)

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U.S. Supreme Court

Thompson v. United States, 103 U.S. 480 (1880)

Thompson v. United States

103 U.S. 480

Syllabus

1. To a petition for a mandamus to compel A., the clerk of a township, to whom had been delivered a certified copy of a judgment recovered against it to certify the judgment to the supervisor in order that the amount thereof might be placed upon the tax roll, A. made answer, among other things, that he had resigned his office before the copy was served upon him. Held that evidence that the township board had, after the cause was at issue, appointed his successor was properly excluded.

2. Such an appointment after the institution of the proceedings should, if available as a matter of defense, have been set up by a plea of puis darrein continuance or its equivalent.

3. Semble that proceedings against the clerk of a township to enforce its duty of levying the amount of such a judgment are against it, and do not abate by the resignation and the appointment of his successor.

The facts are stated in the opinion of the Court.

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