Hendricks v. Johnson
Mississippi Supreme Court
Error to the circuit court of Yallobusba county. Niles, J. The facts of this case are minutely stated in the opinion of the court. The only question to be considered by this court is, did the court below err in directing the peremptory writ oí mandamus in the face of the answer of the defendant Were the facts stated in the answer relative to the subject of inquiry before the court ? If so, the answer is to be taken as true and conclusive.
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Error to the circuit court of Yallobusba county. Niles, J. The facts of this case are minutely stated in the opinion of the court. The only question to be considered by this court is, did the court below err in directing the peremptory writ oí mandamus in the face of the answer of the defendant Were the facts stated in the answer relative to the subject of inquiry before the court ? If so, the answer is to be taken as true and conclusive. If Johnson had obtained the issuance of the warrant by fraud and misrepresentation, as is alleged in the answer, it was certainly the duty of the treasurer…
1Opinion of the Court
Tarbell, J. :
The petition of Hiram B. Johnson, presented to the circuit court of Yallobusha county, in 1870, represents that, in January, 1870, he had against the common school fund of that county a claim for $200, which he duly presented to the board of police of the same county, which was by said board duly audited and allowed at a term of said board held according to law. The claim being so allowed and audited, a warrant for the amount was, by order of said board, issued and drawn upon and directing the treasurer of the county to pay to the petitioner the said sum of $200. James O.…
2Cases cited8 opinions
- People ex rel. Morris v. EdmondsNew York Supreme Court · 1853
- Carroll v. Board of PoliceMississippi Supreme Court · 1854
- People ex rel. McSpedon v. Stout, County TreasurerNew York Supreme Court · 1856
- People ex rel. McSpedon v. StoutNew York Supreme Court · 1856
- Huff v. . KnappNew York Court of Appeals · 1851
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3Cited by5 opinions
- Ray v. WilsonSupreme Court of Florida · 1892
- Wyker v. FrancisSupreme Court of Alabama · 1898
- Cleveland State Bank v. Cotton Exchange BankMississippi Supreme Court · 1919
- Selig v. PriceMississippi Supreme Court · 1932
- Walker v. Barnard & Co.Court of Appeals of Texas · 1894