Brace v. Solner
District Court, D. Alaska
This is an application for a writ of mandamus to compel the defendant, as ex officio treasurer of the school board for the incorporated town of Nome, to pay a warrant drawn by the school board in payment of petitioner’s services as janitor in the public schools. The warrant was presented* and payment refused, although the treasurer is shown to-have then had sufficient funds properly applicable to its payment if the contention of the plaintiff is sustained.
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This is an application for a writ of mandamus to compel the defendant, as ex officio treasurer of the school board for the incorporated town of Nome, to pay a warrant drawn by the school board in payment of petitioner’s services as janitor in the public schools. The warrant was presented* and payment refused, although the treasurer is shown to-have then had sufficient funds properly applicable to its payment if the contention of the plaintiff is sustained. An alternative writ was issued, the treasurer appeared, and now demurs to the petition upon two'grounds: (i) That the court has no…
1Opinion of the Court
WICKERSHAM, District Judge.
In a former action this court had occasion to pass upon the power of the council to expend this fund in payment of salaries to the town clerk and treasurer, and in denying such power in that body the court went somewhat beyond the matters in issue, and held that only the school board had authority to expend the school fund. Counsel for defendant now insists that, as the question was not involved in that case, that decision ought not to bar a full consideration of the issues in this case, and in that contention the court concurs.
The simple question at issue in this…
2Cases cited4 opinions
- Georgia Railroad & Banking Co. v. SmithSupreme Court of the United States · 1888
- In re DurantSupreme Court of Vermont · 1887
- Northern Pacific Railroad v. BarnesNorth Dakota Supreme Court · 1892
- Southern Pac. R. v. WiggsU.S. Circuit Court for the District of Northern California · 1890
3Cited by3 opinions
- Syndicate 420 at Lloyd's London v. Glacier General Assurance Co.District Court, E.D. Louisiana · 1986
- Territory of Alaska v. Five Gallons of AlcoholDistrict Court, D. Alaska · 1940
- Griffa v. MonmouthOregon Supreme Court · 1920