Blanks, Mayor v. Toombs

Opinion of the Court by

Judge Willis

Affirming.

This is an ordinary action for a writ of mandamus to compel the mayor of Madisonville, a city of the fourth class, to approve a voucher for the April salary of the assistant city engineer. The mayor defended on the ground that the voucher was illegal and unauthorized.

Toombs asserted that he was appointed assistant city engineer, reported at the proper time and place for the performance of his duty, and was prevented by the mayor from doing any work. The city council allowed the salary for the period in question, and the mayor refused to draw, sign,…