White v. Morton

Hatoher, Judge:

In payment of state, county and district taxes for the year 1932, the petitioner presented to the sheriff of Nicholas County orders for that year drawn on the general county fund. That fund was greatly overdrawn at the time of the offer. The sheriff refused to accept the orders in full, but proposed to accept so much thereof as would be properly accredited to the general county fund. The proposal ivas rejected and petitioner seeks in this proceeding a mandamus to require the sheriff to accept his drafts in payment in full of his entire taxes.

The petitioner relies on Code 1931,…