Hicks v. Davis

The opinion of the court was delivered by

Dawson, J.:

This is a motion to allow damages under section 723 of the civil code against W. E. Davis, personally, because judgment went against him in his official capacity as state auditor (Hicks v. Davis, 97 Kan. 312, 154 Pac. 1030; 97 *5Kan. 662, 156 Pac. 774) in an application for a writ of mandamus to require him to audit a claim and to issue a warrant therefor in favor of plaintiff for a sum of money, allowed to him by the legislature.

It is contended that the defendant auditor’s duty was purely ministerial. But the functions of a state auditor are…