Miller v. Walley
Mississippi Supreme Court
Appeal from circuit court of Hinds county. Hon. W. H. Potter, Judge. Mandamus by Willis Walley against W. J. Miller, Auditor, to compel issuance of a warrant. Judgment for plaintiff, and defendant appeals. I must confess that I follow the reasoning of the lower court with very great difficulty. As has already been stated in order for the writ of mandamus to issue, there must be an appropriation bill, out of which the warrant could be paid.
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Appeal from circuit court of Hinds county. Hon. W. H. Potter, Judge. Mandamus by Willis Walley against W. J. Miller, Auditor, to compel issuance of a warrant. Judgment for plaintiff, and defendant appeals. I must confess that I follow the reasoning of the lower court with very great difficulty. As has already been stated in order for the writ of mandamus to issue, there must be an appropriation bill, out of which the warrant could be paid. The only question then necessary for this court to decide is, did the bill become a law? If this court is of the opinion that the bill was never enacted…
1Opinion of the CourtEthridge, J.
This is a mandamus suit brought to compel the auditor to issue his warrant in payment of an amount approved by the trustees of the State Charity Hospital, under the theory that House Bill No. 122 of the last legislature became a law.
Section 1 of this act reads as follows:
“Be it enacted by the legislature of the state of Mississippi, that the sum of forty-five thousand dollars ($15,000) for the year 1920 and a like amount for’ 1921, be, and the same is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the support and maintenance of the State Charity…
2Cases cited3 opinions
- State v. HolderMississippi Supreme Court · 1898
- Fidelity & Deposit Co. v. Wilkinson CountyMississippi Supreme Court · 1915
- Magee v. BristerMississippi Supreme Court · 1915
3Cited by11 opinions
- State ex rel. Wisconsin Telephone Co. v. HenryWisconsin Supreme Court · 1935
- State Ex Rel. Sundby v. AdamanyWisconsin Supreme Court · 1976
- State Ex Rel. Cason v. BondSupreme Court of Missouri · 1973
- Peebly v. ChildersSupreme Court of Oklahoma · 1923
- Stong v. People ex rel. CurranSupreme Court of Colorado · 1923
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