149 Ga. 812 | Ga. | 1920
(After stating the foregoing facts.) The judgment granting a mandamus absolute against the Town of Adel and the municipal authorities, which was rendered September 25, 1918, stands unreversed, and is binding upon the municipality. A writ of error containing exceptions to that judgment was sued out, and the question brought here for review. But the writ of error was dismissed. Town of Adel v. Littlefield, 149 Ga. 56 (99 S. E. 38). Counsel for the plaintiffs in error refers to the fact that the judgment granting the mandamus absolute was not affirmed; but the dismissal of the writ of error, as stated, had the same effect, relatively to the mandamus absolute, as a judgment of affirmance would have had. In the application for mandamus the prayer was that the municipality be required to pay the judgment, alleging that it had ten thousand dollars or other large sum on hand; but in the application it is also pointed out that if the defendant has not sufficient funds in hand with which to discharge the judgment and execution, the plaintiff is entitled to have the Town' of Adel levy a tax sufficient to pay off the judgment and the execution founded thereon. After considering the evidence submitted at the hearing for mandamus, the court did not grant an order containing the alternative of paying off the judgment out of funds on hand or of levying a tax to raise the money for the purpose of discharging the judgment, but directed and commanded
Judgment affirmed.