State ex rel. Tolerton v. Gordon
Supreme Court of Missouri
Mandamus. ' (1) Art. 2 of Chap. 49, B. S. 1909, contains the law of this State in reference to the preservation of fish and game, specifies the salary of the game warden, and provides that it shall be paid out of the game protection fund by warrant drawn by the State Auditor .on said fund in the hands of the State Treasurer.
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Mandamus. ' (1) Art. 2 of Chap. 49, B. S. 1909, contains the law of this State in reference to the preservation of fish and game, specifies the salary of the game warden, and provides that it shall be paid out of the game protection fund by warrant drawn by the State Auditor .on said fund in the hands of the State Treasurer. When the above act became effective, Aug. 16, 1909, it required no further appropriations by the Legislature, or any other body, to pay the salary and expenses incurred by the State Game and Fish Commissioner. Sec. 43, Art. 4, Constitution of Missouri; sec. 19, art. 10 of…
1Opinion of the CourtKennish, J.
This is an original proceeding in this court by mandamus. The relator, Jesse A. Tolerton, is the State Game and Pish Commissioner of this State, and the respondent, John P. Gordon, is the State Auditor. The object and purpose of the suit is to have this court issue its peremptory writ of mandamus requiring and compelling the respondent as such auditor *154to audit and allow two accounts theretofore presented to respondent by relator, which respondent refused to audit or issue warrants for as requested.
The issuance of the alternative writ was waived •and the respondent filed his return to the…
2Cases cited17 opinions
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- State v. BockstruckSupreme Court of Missouri · 1896
- State v. ClarkeSupreme Court of Missouri · 1873
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Labor's Educational & Political Club-Independent v. DanforthSupreme Court of Missouri · 1978
- Sibert v. GarrettCourt of Appeals of Kentucky · 1922
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- Sellers v. FrohmillerArizona Supreme Court · 1933
- Greene County v. LydySupreme Court of Missouri · 1914
28 more not listed; retrieve them via the Exa API.