Wilson, Trustee, C. v. . Jenkins, Pub Treas'r
Supreme Court of North Carolina
This was a civil aotion, for a Mandamus to compel the Auditor of the State to audit, and the Public Treasurer to pay certain coupons, heard before Henry, at the Fall Term, 1874, of Wake Snpeiior Court. The material facts of this case are stated in the opinion of the Chief Justice. On the trial below, his Honor gave judgment for the defendant. From this judgment the plaintiff appealed.
1Opinion of the CourtPbaesoN, C. J.
Our labor in deciding this case is much lightened by the discussion of Shaffer v. Jenkins, and the opinion delivered in that case at this term.
The General Assembly has absolute control over the finances of the State. The Public Treasurer and Auditor are mere ministerial officers, bound to obey the orders of the General Assembly.
It follows that the Courts have no power to compel, by Man-, damns, the Public Treasurer to pay a debt which the General Assembly has directed him not to pay, or the Auditor to give a warrant upon the Treasurer which the General Assembly has directed him not to give,…
2Cases cited1 opinion
- S. Dixon, Davidson & Co. v. PaceSupreme Court of North Carolina · 1869
3Cited by10 opinions
- Smith v. StateSupreme Court of North Carolina · 1976
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- Person v. . WattsSupreme Court of North Carolina · 1922
- Person v. Board of State Tax CommissionersSupreme Court of North Carolina · 1922
- Blue Ridge Interurban Railroad v. OatesSupreme Court of North Carolina · 1913
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