United States ex Rel. v. Council of KeokukAnnotate this Case
73 U.S. 514 (1867)
U.S. Supreme Court
United States ex Rel. v. Council of Keokuk, 73 U.S. 6 Wall. 514 514 (1867)
United States ex Rel. v. Council of Keokuk
73 U.S. (6 Wall.) 514
l. An act of Congress passed on the admission of Iowa into the Union in 1815 having provided that the laws of the United States not locally inapplicable should have the same effect within that state as elsewhere, the "Process Act" of May 19, 1828 -- by which the modes and forms of process in common law suits were made the same in the circuit courts of the United States as those used in the highest state court of original jurisdiction -- became applicable to the federal courts of Iowa.
2. Accordingly, mandamus being, in the supreme court of the state, the remedy to compel a municipal corporation to levy a tax to pay a judgment of which a creditor has no means of obtaining payment, a party having a judgment in a circuit court is entitled to the same remedy in that court.
3. An injunction by a state court against such a levy is inoperative against a mandamus from the federal court ordering it, though issuing subsequently to the injunction. Riggs v. Johnson County, supra,<|73 U.S. 166|>166, affirmed.