Files v. McWilliams
Mississippi Supreme Court
Error to the circuit court of Itawamba county, lion. B. B. Booke, judge. The plaintiff in error filed his petition, praying an alternate writ of mandamus to compel the defendant in. error, county treasurer of Itawamba county, to pay Mm the amount of a warrant ordered by the board of police of said county, and issued by the clerk of said board, in his favor, for the sum of two hundred and fifty-three dollars, which he says the said treasurer fails and refuses to pay, although…
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Error to the circuit court of Itawamba county, lion. B. B. Booke, judge. The plaintiff in error filed his petition, praying an alternate writ of mandamus to compel the defendant in. error, county treasurer of Itawamba county, to pay Mm the amount of a warrant ordered by the board of police of said county, and issued by the clerk of said board, in his favor, for the sum of two hundred and fifty-three dollars, which he says the said treasurer fails and refuses to pay, although he admits that he holds money in his hands as treasurer. The defendant in error answered: 1. The warrant does not show…
1Opinion of the CourtTarbell, J.
Mandamus to compel the treasurer of Itawamba county to pay a warrant of the board of police of that county, issued in 1864, to the sheriff, for taxes overpaid in 1862 and 1863, An alternative writ was served, and the. treasurer answered, setting up several grounds why the warrant ought not to be paid. Among.others, that the warrant was issued *580illegally, and without authority of law; that, if legal, the remedy was not by mandamus; that the warrant was contemplated to be paid in Confederate treasury notes; and that, in fact, the allowance was for taxes for the support of the war in hostility'to…
2Cases cited2 opinions
- Beaman v. Board of PoliceMississippi Supreme Court · 1868
- Merrill v. StateMississippi Supreme Court · 1871
3Cited by5 opinions
- Town of Mount Dora v. GreenSupreme Court of Florida · 1934
- Trowbridge v. SchmidtMississippi Supreme Court · 1903
- Reel v. LivingstonSupreme Court of Florida · 1894
- Cleveland State Bank v. Cotton Exchange BankMississippi Supreme Court · 1919
- Gully v. Adams CountyMississippi Supreme Court · 1934