Commonwealth v. Boutwell
Supreme Court of the United States
This was a petition by the State of Kentucky, through its constituted authority, asking this court, in the exercise of its original jurisdiction, for a writ of mandamus to compel the Honorable G. S. Boutwell, Secretary of the Treasury of the United States, to deliver to the said State a warrant to which it alleged itself entitled for expenses incurred in defence of the Union.
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This was a petition by the State of Kentucky, through its constituted authority, asking this court, in the exercise of its original jurisdiction, for a writ of mandamus to compel the Honorable G. S. Boutwell, Secretary of the Treasury of the United States, to deliver to the said State a warrant to which it alleged itself entitled for expenses incurred in defence of the Union. The application was founded on the provisions of an act of Congress of July 27th, 1861,* directing the Secretary of the Treasury to refund to the governor of any State the expenses properly incurred in raising troops to…
1Opinion of the CourtJustice Davis
delivered the opinion of the.court.
The answer of the respondent must, in the state of the pleadings, be taken as true, so far as its statement of facts is concerned, and, therefore, presents a complete defence against the demand of the writ.
It seems very clear, if no warrant were ever issued, and the condition of the law on the subject at the present time does not authorize the secretary to issue one, that the prayer of the petition cannot be granted. If it be eoncedéd, as is argued by the counsel for the petitioner, that the decision of the accounting officers was conclusive upon the…
2Cited by11 opinions
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- Frankel v. WoodroughCourt of Appeals for the Eighth Circuit · 1925
- Board of Com'rs of Grand County v. KingCourt of Appeals for the Eighth Circuit · 1895
- Lauritsen v. SewardSupreme Court of Minnesota · 1906
- Farmers' Nat. Bank v. JonesU.S. Circuit Court for the District of Eastern Arkansas · 1900
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