
    JUDGMENTS — MANDAMUS—MUNICIPAL CORPORATIONS.
    [Hamilton (1st) Circuit Court,
    July 18, 1908.]
    Swing, Giffen and Smith, JJ.
    State ex rel. E. M. Ballard, Solicitor, v. C. L. Harrison et al. Sinking Fund Trustees.
    Sinking Fund Trustees Cannot Pay Judgments in Condemnation.
    Mandamus will not lie to compel sinking fund trustees to pay a judgment against a municipality for land taken in an action in the nature of condemnatory proceedings.
    Mandamus does not lie against sinking fund trustees.
    Application for mandamus to compel the sinking fund trustees to pay a judgment against the city. The relator alleged that the city had taken possession .of lands of Oliver without having appropriated the same by law or made compensation therefor; that Oliver brought’ suit against the city for $2,000 as damages for the trespass committed; that the city answered admitting that it took possession of the land as. alleged, is willing to pay the value thereof upon receipt of a deed therefor, and asking the court to fix the value. The court entered a decree finding the value and ordering it to be paid to the plaintiff, Oliver, upon delivery of a deed to the city. The solicitor thereupon certified the judgment to the sinking fund trustees. They declined to pay it on the ground that they were not authorized to levy taxes to provide for judgments against the city “in condemnation of property cases,” nor to pay such judgments.
    E. M. Ballard and Fyffe Chambers, for relatoi.
    T. M. Hinkle and A. G. Allen, for defendants.
   SWING, J.

The judgment entered against the city in favor of Oliver et al. was not in the nature of damages, but in its nature was one for condemnation. The sinking fund trustees are not permitted to pay judgments in condemnation. The writ should be refused.

Giffen and Smith, JJ., concur.  