State ex rel. Murray v. Brown
Supreme Court of Missouri
Mandamus. (1) The board of police commissioners, being' charged by law with the responsibility of managing and conducting the police department and required monthly to make out pay-rolls as vouchers, showing the amount of money due each member of the force, the city auditor is allowed no discretion, when a pay-roll in proper form, signed by the proper officers, ‘is presented, but must audit the claim and draw his warrant upon the treasurer of the city, he being only a…
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Mandamus. (1) The board of police commissioners, being' charged by law with the responsibility of managing and conducting the police department and required monthly to make out pay-rolls as vouchers, showing the amount of money due each member of the force, the city auditor is allowed no discretion, when a pay-roll in proper form, signed by the proper officers, ‘is presented, but must audit the claim and draw his warrant upon the treasurer of the city, he being only a ministerial officer, and when he refuses to audit a claim so made and presented, mandamus is the proper remedy to force him…
1Opinion of the CourtBabclay, C. J.
— This is an original action in which the relator seeks a peremptory mandamus against Mr. Brown, as auditor of the city of St. Louis. An alternative writ was issued and defendant made return thereto. To the new matter in the return the relator replied. The cause was then argued and submitted, as upon a motion for a peremptory writ. The sufficiency of the return is the only issue presented. The decisive facts are mutually admitted.
Mr. Murray, the relator, was duly appointed - by' the police commissioners a policeman in the city of St. Louis in April, 1875. At a later period he was promoted to…
2Cited by11 opinions
- Brink v. Kansas CitySupreme Court of Missouri · 1946
- City of Niles v. Union Ice Corp.Ohio Supreme Court · 1938
- Etheredge v. City of NorfolkSupreme Court of Virginia · 1927
- Carmichael v. Atlanta Gas-Light Co.Supreme Court of Georgia · 1937
- Howe v. City of OrangeNew Jersey Court of Chancery · 1906
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