Long v. McDowell
Court of Appeals of Kentucky
Case 4 — 'MANDAMUS APPEAL FROM FRANKLIN CIRCUIT COURT. It was the duty of the Treasurer under sec. 4701 of the Kentucky Statutes, to deduct from the warrant issued to Julian and assigned by him to the appellee, to deduct from the face of the warrant the $250 which Julian owed the State. Ky.
Read the full summary
Case 4 — 'MANDAMUS APPEAL FROM FRANKLIN CIRCUIT COURT. It was the duty of the Treasurer under sec. 4701 of the Kentucky Statutes, to deduct from the warrant issued to Julian and assigned by him to the appellee, to deduct from the face of the warrant the $250 which Julian owed the State. Ky. Stat., sec. •4701; Sutherland on Statutory Con., sec. 442; Johnson v. The Auditor, 78 Ky., 283. 1. 'The Auditor had no authority to issued a warrant to Julian for the $250 until he had investigated the facts and ascertained that he had a valid and just claim against the State. The issual of the warrant,…
1Opinion of the Court
JUDGE BURNAM
delivered ti-ie opinion op the court.
Appellee applied for a mandamus in this proceeding to compel appellant to pay to him,.as assignee'of Ira Julian, an interest-bearing warrant for $634.29, issued by the Auditor of Public Accounts to Julian on the 17th day of July, 1897, which warrant was purchased by the Auditor for appellee at his request.
Appellant relies upon the following facts set out in his answer to defeat the application for ' the mandamus; He says that prior to July, 1893, Julian was employed as assistant counsel by the Attorney-General in the case of the Commonwealth…
2Cited by4 opinions
- Reliance Insurance Co. v. Commonwealth, Department of TransportationCourt of Appeals of Kentucky · 1978
- D. C. Heath & Co. v. CommonwealthCourt of Appeals of Kentucky · 1908
- Metts v. City of FrankfortCourt of Appeals of Kentucky · 1984
- Henry v. StateMississippi Supreme Court · 1905