Houtz v. Board of Commissioners
Wyoming Supreme Court
Error to the District Court, Uinta County, Hon. David H. Craig, Judge. John S. Houtz instituted this action to recover from the Board of the County Commissioners of the County of Uinta the sum of $1,689, which amount it was alleged had been exacted by way of fines and costs from Hyrum Severson, Andrew Hudson and E. P. Houtz, assignors of plaintiff, under a void judgment of one N. B. Anderson, a justice of the peace of said county, and by said justice paid into the treasury…
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Error to the District Court, Uinta County, Hon. David H. Craig, Judge. John S. Houtz instituted this action to recover from the Board of the County Commissioners of the County of Uinta the sum of $1,689, which amount it was alleged had been exacted by way of fines and costs from Hyrum Severson, Andrew Hudson and E. P. Houtz, assignors of plaintiff, under a void judgment of one N. B. Anderson, a justice of the peace of said county, and by said justice paid into the treasury of the county. The cause was tried to the District Court without a jury, and that court found generally for the…
1Opinion of the Court
Potter, Chief Justice.
The question chiefly urged in this case is the right of the plaintiff in error to recover from the county without having previously presented his claim to the Board of County Commissioners in the manner required by law for audit and allowance. The constitutional and statutory provisions upon the subject are as follows:
“No money shall be paid out of the State Treasuiy except upon appropriation by law and on warrant drawn by the proper officer, and no bills, claims, accounts or demands, against the State, or any county or political sub-division,, shall be auditedj allowed…
2Cases cited14 opinions
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Elston v. City of ChicagoIllinois Supreme Court · 1866
- Town of Ligonier v. AckermanIndiana Supreme Court · 1874
- In re Estate of SwainCalifornia Supreme Court · 1885
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Brown v. City of CasperWyoming Supreme Court · 2011
- Beaulieu v. FlorquistWyoming Supreme Court · 2004
- Anita Harmon, as an Individual and as Personal Representative of the Estate of Euella PotterWyoming Supreme Court · 2014
- Wooster v. Carbon County School District No. 1Wyoming Supreme Court · 2005
- Town Council of Town of Hudson v. LaddWyoming Supreme Court · 1928
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