People ex rel. Jones v. Wright

Cahpbel-l, J:

A mandamus is asked to compel respondent to pay over to» relator the sum of one hundred and seventy-two dollars and twenty-two cents of school moneys which he has collected and failed to pay over on proper demand.

His excuse for-not paying is, first, that owing to the poverty of the inhabitants he accepted various local orders from them instead of money, and has no money on hand; and,. second, that he has had a settlement of accounts with the township, which makes him a creditor instead of a debtor to the town.

The statute is express that the township treasurer shalL pay the amount…