State Ex Rel. Brooks Equipment & Mfg. Co. v. Evatt

The question raised by the demurrer is whether the amended petition shows on its face that a clear, legal duty reposes upon respondent, William S. Evatt, the Director of Finance, to make the certification prayed for.

The amended petition alleges that “on December 29, 1938, and at all times herein mentioned since that date there was and is now an unexpended balance of appropriated funds in the maintenance and repair fund of the Department of Highways, unencumbered by precedent obligations sufficient in amount that the respondent, William S. Evatt, could and should make the certification as…