Legal Opinion

Clement v. Graham

Supreme Court of Vermont

Decided February 2, 1906PublishedCited by 65 opinions

Petition eor Mandamus -to the Auditor of Accounts, brought to the Supreme Court for Rutland County at its October Term, 1904. Heard at the January Term, 1905, on petition, answer, and testimony taken and filed. The opinion fully states the case. The vouchers required by law to be kept in the office of the State Auditor are public records. 24 Am. & Eng. Enc. 159, 170-; State ex rel.

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Petition eor Mandamus -to the Auditor of Accounts, brought to the Supreme Court for Rutland County at its October Term, 1904. Heard at the January Term, 1905, on petition, answer, and testimony taken and filed. The opinion fully states the case. The vouchers required by law to be kept in the office of the State Auditor are public records. 24 Am. & Eng. Enc. 159, 170-; State ex rel. Perry v. Williams, 41 N. J. R. 232; Payne v. Staunton, 46 Si E. R. 927, 933; Brown v. Knapp, ■54 Mich. 132, 52 Am. Rep. 800; Mexican R. Co. v. Jarvis, 69 Tex. 527; Perkins v. Cummings, 66 Vt. 485; Highsmith v.…

1Opinion of the CourtAYaTson, J.

This is a complaint for mandamus to the Auditor of Accounts commanding him forthwith and without delay to exhibit the vouchers on file in his office to* the relator, or to his agent and attorney.

The complaint sets forth that the defendant was, and still is, Auditor of Accounts of this State, and as such it was and is his duty to require all bills presented to him for allowance to be fully itemized and accompanied, as far as possible, with vouchers which shall be kept in his office, and at all proper times and under reasonable regulations to exhibit the same, upon request, to any citizen and…

2Cases cited43 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  3. United States v. SchurzSupreme Court of the United States · 1880
  4. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  5. The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879

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3Cited by65 opinions

  1. State Ex Rel. Youmans v. OwensWisconsin Supreme Court · 1965
  2. United States v. MitchellCourt of Appeals for the D.C. Circuit · 1976
  3. Hathaway v. Joint School District No. 1Wisconsin Supreme Court · 1984
  4. Nowack v. Auditor GeneralMichigan Supreme Court · 1928
  5. Egan v. Board of Water Supply of New YorkNew York Court of Appeals · 1912

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