Page:Federal Reporter, 1st Series, Volume 9.djvu/87

72 FEDERAL REPORTER �this market, the description of No. 1 Shott's Scotch pig-iron was understood by persons dealing in and using pig-iron as a description of iron such as is last mentioned, and that plaintiffs have failed to prove to the satisfaction of the jury that said 500 tons so oiiered to the defendant by them did, in fact, correspond with that description, then the jury should find for the defendant in this case. �That is, gentlemen, only to repeat in substance what I have said to you, that you are to determine from the evidence in this case what quality of iron was called for by that description as understood by iron merchants in St. Louis, where the contract was made, and then you are to inquire and determine whether that quality of iron was tendered to the defendant. If you should find for the plaintiffs, gen- tlemen, your verdict will be for the difference between the contract price of the iron and the price for which it was sold, less the costs of the sale, and interest at 6 per cent, from the date of the tender, as shown by the evidence. �If you find for the defendant the form of vour verdict will be, "We, the jury, find for defendant." ���MoRAN V. The Citv op Elizabeth. �{Circuit Court, D. New Jersey. July 26, 1881.) �1. Municipal Cobporation — Judgments — Mandamus. �The statnte of a state provided, amoug other things, that when upon the recovery of a judgment against a municipal corporation and the levy of an execution thereunder sufBcient property is not f ound to satisfy the same, a copy of such process shall be served on the collector and assessor, who shall then make an assessment and levy the required amount. Held that a wrlt of mandamua, commanding the clty councll to provide for the pay- ment of the judgment, will not be granted in the absence of proof that the requirements of the statute have been complied wlth. �MandamU'S. �NixoN, D. J. The above-named plaintiff, having recovered two judgments against the city of Elizabeth, — one, on the first of April last, for $4,334.86, and the other, on the seventh of April, for $2,079.23, hesides costs of suit, — duly issued executions on the said judgments and placed them in the hands of the marshal, who has returned the same, with the indorsement that there is no property of the defendant corporation within the state whereon to levy, sufiicient to satisfy the said executions. He now applies to the court for the writ of alternative mandamus, commanding the city council of the ��� �