Page:Federal Reporter, 1st Series, Volume 5.djvu/872

 860 FEDERAL REPORTES. �missiûg the bill as to ail the defendants exeept Gaston ; and that the plaintilï recover of him said sum of $2,000, and costs and expenses, to be taxed, and for a sale of the mort- gaged promises by the master of this court, if the decree is not satisfied within 10 days from the entry thereof. ���EoBEBT Gaeeett & SoNs and others v. The Citt ob" Memphis and others. �lOireuit Court, W. D. Tennessee.) �1. Taxes— Municipal Dbbts— Repeal op Charteb— Keceivee. �Question discussed whether taxes duly levied in pursuauce of law, before a repeal of a municipal charter, can be colleeted by a chancery court, through a receiver, at the instance and for the benefit of cred- itors. �2. MroticiPAii DEBTa— Leoiblativb Powebs. �Question discussed as to the powers of the legislatures of the states to enact laws by and under which municipalities can be legislated beyond the authority of the courts, and thus enabled to evade their past and valid contract obligations. — [Ed. �In Equity. �Baxteb, C. J. The late city of Memphis, a municipal corporation created by a statute of Tennessee, was endowed ■with the powers usually conferred on such corporations. Among others, it was invested with the capacity to contract debts and to levy and eoUect taxes for their payment. Avail- ing itself of its power to contract debts, it incun-ed valid obligations aggregating more than $5,000,000. On some of these, suits were brought and judgment recovered; and on these judgments executions were issued, which, after diligent efforts to collect, were returned unsatisfied. These executions were followed by writs of mandamus, commanding the proper officers of the city to levy and collect taxes sufficient to pay said judgments; but these, like the executions, proved una- vailing, and therefore Garrett & Sons filed their bill on the twentj-eighth of January, 1879, in this court, in which they prayed for the appointment of a receiver "to take charge of ����