Looker v. State Ex Rel. Dillian

Were it not for the facts presented in the second defense, we should feel inclined to affirm the order of the Court of Appeals commanding the county commissioners to restore the appropriation,' and, when restored, to compel the county auditor to issue his warrant to the relator for the amount due him by reason of the reduction of the appropriation.

The appellate court found there were sufficient funds in the county treasury, unappropriated for any other purpose, to pay relator’s claim. We are in accord with the Court of Appeals in its holding that mandamus was the proper remedy; that under our…