State ex rel. Roberts v. Weston
Nebraska Supreme Court
This was an application for a mandamus against tbe respondent, to compel him to draw bis warrant for $166.66, salary alleged to be due tbe relator on tbe first of January, 1876, for tbe months of November and December, 1875, and representing the increased compensation due tbe relator under tbe provisions of tbe constitution taking effect November 1, 1875. Tbe answer of tbe respondent alleged that by Sec. 22, Art. Ill, of said constitution, no money could be drawn from the…
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This was an application for a mandamus against tbe respondent, to compel him to draw bis warrant for $166.66, salary alleged to be due tbe relator on tbe first of January, 1876, for tbe months of November and December, 1875, and representing the increased compensation due tbe relator under tbe provisions of tbe constitution taking effect November 1, 1875. Tbe answer of tbe respondent alleged that by Sec. 22, Art. Ill, of said constitution, no money could be drawn from the treasury except in pursuance of a specific appropriation made by law; that there had been no session of tbe legislature,…
1Opinion of the Court
Lake, Ch. J.
This case raises tbe question of tbe authority of tbe state auditor to draw warrants upon tbe state treasurer for the payment of tbe salaries of the state officers, when *217no appropriation therefor has been made by the legislature.
I. On the part of the relator it is contended that such authority is clearly given by section twenty-five of the schedule of the new constitution, while on the other hand, the auditor insists that it furnishes no authority whatever for him to do so. This section is as follows:
“ Sec. 25. The auditor shall draw the warrants of the state quarterly for the…
2Cases cited1 opinion
- Thomas v. OwensCourt of Appeals of Maryland · 1853
3Cited by31 opinions
- Willis v. MabonSupreme Court of Minnesota · 1892
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- Pickle v. FinleyTexas Supreme Court · 1898
- Menefee, State Treas. v. AskewSupreme Court of Oklahoma · 1910
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