Legal Opinion

Auditorial Board v. Arles

Texas Supreme Court

Decided July 1, 1855PublishedCited by 16 opinions

Appeal from Travis. The claim was as follows: “Port of Galveston, Texas, 22d April, 1836. “Exchange for $5,000. “ At four months after date of this first “ of Exchange, (second of same tenor and date unpaid,) please “ pay to the order of J. F. Niles, or sooner, should you be in “funds, the sum of five thousand dollars, for value received by “ the purchase of the steamboat Cayuga, for the Republic of “ Texas, with ten per cent, interest per annum since the 20th “ January…

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Appeal from Travis. The claim was as follows: “Port of Galveston, Texas, 22d April, 1836. “Exchange for $5,000. “ At four months after date of this first “ of Exchange, (second of same tenor and date unpaid,) please “ pay to the order of J. F. Niles, or sooner, should you be in “funds, the sum of five thousand dollars, for value received by “ the purchase of the steamboat Cayuga, for the Republic of “ Texas, with ten per cent, interest per annum since the 20th “ January last, with or without further advice. “BAILEY HARDEMAN, “ Sec’y of Treasury. “ To Col. Robert Triplett, New Orleans, La., “…

1Opinion of the CourtLipscomb, J.

This was a suit brought by the appellees against the appellants, by a petition for a mandamus, to compel them, as Auditor and Comptroller of the State, to receive and allow interest on a claim that had been proviously'réceived by them, as the Auditorial Board • but the interest on the said claim had not been allowed. The Court, on a hearing, awarded by its judgment a. peremptory mandamus, from which an appeal was taken by appellants. The act creating this Board to act on claims against the late Republic of Texas was passed on the 20th March, 1848, (Hart. Dig., p. 821,) entitled an act for…

2Cited by16 opinions

  1. Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
  2. Houston Tap & Brazoria Railway Co. v. RandolphTexas Supreme Court · 1859
  3. Jobe v. UrquhartSupreme Court of Arkansas · 1912
  4. Sawyer v. ColganCalifornia Supreme Court · 1894
  5. Walker v. StateCourt of Appeals of Texas · 1937

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