Prime v. McCarthy
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. A. Spurrier, Judge. Action of mandamus for an order commanding the defendant, as auditor of state, to issue his warrants upon the state treasury for the payment of a certain claim audited and certified by the executive council. An order was granted as prayed, and defendant appeals .
1Opinion of the CourtGiven, J.
I. The claim in question is for the subsistence and compensation of a part of the military force of the state while in the actual service of the state, under an order of the governor, to prevent breaches of the peace, of which there was imminent danger. The occasion upon which this military force was ordered into actual service was when twelve hundred or more destitute men, commonly known as “Kelley’s Army,” were about to enter the state in a body at Council Bluffs, Pottawattamie county. The reasons for his action are stated by the governor in his evidence as follows: “I received such…
2Cases cited1 opinion
- Ristine v. State ex rel. Board of Commissioners of the Sinking FundIndiana Supreme Court · 1863
3Cited by8 opinions
- Graham v. WorthingtonSupreme Court of Iowa · 1966
- Shattuck v. KincaidOregon Supreme Court · 1897
- State ex rel. Board of Regents of Normal Schools v. ZimmermanWisconsin Supreme Court · 1924
- Fradet v. City of Southwest FargoNorth Dakota Supreme Court · 1953
- Cordes v. Board of SupervisorsSupreme Court of Iowa · 1924
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