McCracken v. State
Nevada Supreme Court
Appeal from the First Judicial District Court, Ormsby County; Frank P. Langan, Judge. Suit by George E. McCracken against the State. From an order overruling its demurrer, and from a judgment for plaintiff for the amount sued for, the State appeals.
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Appeal from the First Judicial District Court, Ormsby County; Frank P. Langan, Judge. Suit by George E. McCracken against the State. From an order overruling its demurrer, and from a judgment for plaintiff for the amount sued for, the State appeals. The demurrer should have been sustained, because there is no allegation of an unexhausted specific appropriation, and section 13 of the school law does not make an appropriation for the traveling and office expenses of deputy superintendents. The state controller is forbidden to draw any warrant on the treasury except there be an unexhausted…
1DissentMcCarran, C. J.
I dissent.
Respondent in this case, plaintiff in the court below, instituted the action for the recovery of $417.87, alleging the same to have been advanced by him pursuant *59to his office as deputy superintendent of public instruction for the Third supervision district and in the course of his duties.
Respondent sets up three causes of action, the first of which involves money alleged to have been advanced during the year 1916, and the second and third involve money advanced during the year 1917. Each cause of action rests upon the claim of an appropriation made by section 13 of the school law…
2Cases cited36 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Bayless v. GlennIndiana Supreme Court · 1880
- French v. SenateCalifornia Supreme Court · 1905
- Southern Cotton Press & Manufacturing Co. v. BradleyTexas Supreme Court · 1880
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