State ex rel. Robinson v. Thompson

Holmes, Judge,

delivered the opinion of tlie court.'

This was a petition for a mandamus upon the State Auditor, to require him to allow and draw his warrant on the State Treasurer for the amount of salary due the petitioner as Superintendent of Public Instruction, for the quarter ending April 1, 1866.

The reason shown by the return of the respondent for refusing to allow this account was, that he supposed that the office of the petitioner had expired on the first day of January, 1866, and consequently tli.at he was not entitled to any salary for the quarter claimed, and that there was no law…