Black v. Auditor of State

Storey, Special C. J.

Cain petitioned the Pulaski circuit court for a mandamus against the State auditor, to compel him to pay the sum of $7,018, claimed to be due as his salary as judge of ijbe third judicial circuit, from the first day of July, 1861, to the fourth day of September, 1865. The petition was not verified, nor were any affidavits filed therewith.

The court refused the prayer of the petition, assigning as a reason that the proper remedy was by suit against the State.

Gould’s Digest, chapter 166, section 4, provides: “Hereafter, it shall not be lawful, arid it is hereby expressly…