Legal Opinion

State ex rel. Chatterton v. Grant

Wyoming Supreme Court

Decided August 20, 1903PublishedCited by 13 opinions

Original proceeding in mandamus instituted by Feni-more Chatterton, Secretary of State and Acting Governor, to require LeRoy Grant, as State Auditor, to issue and deliver to the relator warrants in payment of salary claimed to be due him as Secretary of State and also as Acting-Governor for the month of May, 1903. The cause was heard on demurrer to the petition.

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Original proceeding in mandamus instituted by Feni-more Chatterton, Secretary of State and Acting Governor, to require LeRoy Grant, as State Auditor, to issue and deliver to the relator warrants in payment of salary claimed to be due him as Secretary of State and also as Acting-Governor for the month of May, 1903. The cause was heard on demurrer to the petition. This is not a suit against the State so as to be obnoxious to the rule that a state cannot be sued in her own courts by her citizens without her permission. (State v. Heard, 18 So., 746; State ex rel. v. Jumel, 30 La. Ann., 863;…

1Opinion of the Court

Potter, Justice.

The sole question involved in this case is whether the relator is entitled to receive the salary provided and appro*4priated by law for both the offices of Governor and Secretary of State.

From the petition herein, it appears that at the general election held November 4, 1902, DeForest Richards was elected to the office of Governor of the State of Wyoming for the term of four years from the first Monday in January, 1903, and on said first Monday in January; 1903, to-wit, January 5, he duly and regularly qualified as such Governor and entered upon the duties of such office. He…

2Cases cited15 opinions

  1. United States v. SaundersSupreme Court of the United States · 1887
  2. Converse v. United StatesSupreme Court of the United States · 1859
  3. Love v. BaehrCalifornia Supreme Court · 1874
  4. People ex rel. Lynch v. BuddCalifornia Supreme Court · 1896
  5. State ex rel. Richardson v. HendersonWyoming Supreme Court · 1894

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3Cited by13 opinions

  1. Dyche v. DavisSupreme Court of Kansas · 1914
  2. Lawless v. JubelirerCommonwealth Court of Pennsylvania · 2002
  3. State Ex Rel. O'Connell v. YelleWashington Supreme Court · 1958
  4. Lindsley v. City of DenverSupreme Court of Colorado · 1917
  5. Mayer v. D'ORTONASupreme Court of Pennsylvania · 1962

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