People ex rel. Dunn v. Melone

— Respondent was secretary of state for the term of four years ending December, 1875. It was his duty as such officer to collect and pay over to the state monthly the fees received by him. On the 1st of July, 1886, the relator, as controller, demanded of him that he account for and pay into the state treasury the sum of $11,109.50, alleged to have been received by him while in office, but for which it was claimed he had failed to account or make settlement with the controller, as required by law. Respondent taking no notice of this *575demand, the controller proceeded to state an account under…