Cooper v. Wait
Court of Appeals of Kentucky
Case 77 — MANDAMUS- TO PAY COUNTY WARRANT APPEAL FROM PULASKI CIRCUIT COURT. 1. The special act of April 22, 1890, requiring county treasurer of Pulaski county to pay warrants in their numerical order was not repealed either -by the adoption -of the new Constitution or by the adoption of the -act regulating the administration of county finances. 2. Even if the act of April 22, 1890, has been repealed, it was nevertheless the duty of the treasurer to pay appellant’s warrant…
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Case 77 — MANDAMUS- TO PAY COUNTY WARRANT APPEAL FROM PULASKI CIRCUIT COURT. 1. The special act of April 22, 1890, requiring county treasurer of Pulaski county to pay warrants in their numerical order was not repealed either -by the adoption -of the new Constitution or by the adoption of the -act regulating the administration of county finances. 2. Even if the act of April 22, 1890, has been repealed, it was nevertheless the duty of the treasurer to pay appellant’s warrant out of tbe funds in bis hands at the time the application for a mandamus was made. Citations: Ky. Con., sec. 60, and sec.…
1Opinion of the Court
■JUDGE GUFFY
delivered the opinion of ti-ie court.
It appears from this record that appellant was the county school superintendent for Pulaski county, and that at the April term, 1897, of the fiscal court of 'Pulaski county the following order was entered:
“It is ordered by the court that J. S. Cooper be, and he hereby is, allowed the sum of one thousand fifty-two and xx-100 dollars, payable out of the county treasury for salary for 1896.
“$1,052. N. L. Barnett, Clerk F. C. P. C.”
It is agreed that said order was presented to J. A. Mc.Gee, Treasurer, April 30, 1897, and numbered 994, and payment…
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