80 Mo. App. 180 | Mo. Ct. App. | 1899
To this alternative writ, defendants made return or answer, admitting their official relations to the city of Columbia, that plaintiff had an unsatisfied judgment of $1,695, besides interest and costs, against said city, that on said judgment execution had been issued and returned no property found, and then, for further answer or return, allege, that before the issuance of this writ, to wit, in June, 1898, the said mayor and city council had by ordinance levied to the full constitutional limit all the taxes they were authorized to for the fiscal year 1898, but that no part thereof could be used to pay plaintiff’s judgment, as the whole thereof was needed (1) to pay the reasonable salaries of the several city officers and police force as provided by law, (2) to pay the annual rentals due the Water & Light Company for supplying the city with water and lighting the streets in accordance with a contract existing between said water company and the city, (3)for payment of certain floating indebtedness of the city then due or falling due during the year, and (4) for the payment of the interest due or coming due on the city’s bonded indebtedness.
This section was intended clearly to provide for just such a case as we have here. It was meant as a summary proceeding against the city officials. No formal petition for mandamus is necessary; it is sufficient merely to exhibit the judgment and execution with return of no property found and request the court’s action. State ex rel. v. Slavens,75 Mo. 508. That a petition is presented however can do no harm, or effect the application of the statute to the given case.
The statute before quoted is a complete and satisfactory answer to defendants’ contention. Manifestly the only city indebtedness intended to be preferred was that due the city officers on account of salary and that necessary to employ and pay a reasonable police force. That statute authorizes mandamus to go for the levy and collection of annual revenues within the constitutional limit (in this case fifty cents on the $100 valuation), and out of this first to pay salaries of city officers including police, and the remainder then to be applied to the satisfaction of the judgment debt which is the basis of the mandamus proceeding. There is nothing in the statute,
In short then we do not interpret- or deem the peremptory writ as varying in any substantial particular from the alterna
Tbe judgment of tbe circuit court will be affirmed.