People ex rel. Board of County Commissioners v. Auditor of Colorado Territory
Supreme Court of Colorado
Error to District Court, Arapahoe County. In the alternative writ the facts upon which the claim was based were set forth, and it was also alleged that the auditor had been requested to audit the account, and draw his warrant upon the treasury in payment thereof.
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Error to District Court, Arapahoe County. In the alternative writ the facts upon which the claim was based were set forth, and it was also alleged that the auditor had been requested to audit the account, and draw his warrant upon the treasury in payment thereof. The command of the writ was, that the auditor audit and allow the said claim of the said county of Fremont, amounting to $1,425.27, and draw his warrant in payment thereof, or that he show cause, upon a day named, for his refusal so to do. That portion of the return in which the auditor relied upon the want of any appropriation to…
1Opinion of the CourtBeleord, J.
This was an application for a mandamus against the territorial auditor, to compel him to audit a claim, and to draw a warrant for the same on the treasurer, in favor of the board of county commissioners of Fremont county, for the maintenance and custody of two lunatics. An alternative writ issued, and in the return thereto it is alleged, as an excuse for not allowing the claim, that, in the opinion of the auditor, it was not only excessive and fraudulent, but that no appropriation had been made by the legislature to pay such claims, and that to draw a warrant for its payment was to violate…
2Cases cited1 opinion
- Brashear v. MasonSupreme Court of the United States · 1848
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