Board of Commissioners of Knox County v. Aspinwall - 65 U.S. 376 (1860)
U.S. Supreme Court
Board of Commissioners of Knox County v. Aspinwall, 65 U.S. 24 How. 376 376 (1860)
Board of Commissioners of Knox County v. Aspinwall
65 U.S. (24 How.) 376
Where the commissioners of a county have authority by statute to issue bonds, and are required to levy a tax to pay the interest coupons as they become due, and, having issued such bonds, they neglect or refuse to assess the tax or pay the interest, a writ of mandamus is the proper legal remedy.
The circuit courts of the United States have authority to issue such writ of mandamus against the commissioners, where it is necessary, as a remedy for suitors in such court.
It is not a sufficient reason for setting aside a peremptory mandamus, that a previous alternative writ had not issued.
The case is stated in the opinion of the court.