State ex rel. Baird v. Holladay
Supreme Court of Missouri
Petition for Mandamus. A payment made on a illegal demand cannot be after-wards applied to a legal demand. Treadwell v. Moore, 34 Me. 115. Respondent’s return does not allege that the $5,000 paid January 1st, 1877, was paid on the appropriation of April 6th, 1877, but says that by reason of that payment he will rebate from the appropriation of April 6th. The Legislature on April 6th, 1877, set apart $7,500, then in the treasury, or to be in it, for the Normal School.
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Petition for Mandamus. A payment made on a illegal demand cannot be after-wards applied to a legal demand. Treadwell v. Moore, 34 Me. 115. Respondent’s return does not allege that the $5,000 paid January 1st, 1877, was paid on the appropriation of April 6th, 1877, but says that by reason of that payment he will rebate from the appropriation of April 6th. The Legislature on April 6th, 1877, set apart $7,500, then in the treasury, or to be in it, for the Normal School. That appropriation certainly did not appropriate out of money that had been paid out three months before. An appropriation is…
1Opinion of the CourtSherwood, C. J.
— The object sought to be accomplished by the present writ is to compel respondent to pay to relator, as treasurer of the Normal School at Kirksville, certain money, alleged to be due under appropriations made by the Legislature.
The demurrer to the Auditor’s return, admits the truth thereof. It is admitted thereby, that under the act of April 6th, 1877, the relator is entitled to the sum of $7,-500, for the year 1877 ; that under the act of March, 1873, relator was authorized to present to respondent, every six months, (January and July,) his claim for $5,000, and receive a warrant therefor;…
2Cases cited5 opinions
- State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
- Ex parte SnyderSupreme Court of Missouri · 1876
- St. Joseph Board of Public Schools v. PattenSupreme Court of Missouri · 1876
- Treadwell v. MooreSupreme Judicial Court of Maine · 1852
- State ex rel. Missouri State Board of Agriculture v. HolladaySupreme Court of Missouri · 1877
3Cited by1 opinion
- State v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882