First Nat. Bank v. Smith

The petitioner, A. W. Smith, seeks by the writ of mandamus to compel the respondent bank, as the county depository of Greene county, to payv to him the amount of a certain warrant issued to him by the probate judge on October 11,1927, for work done by him on the public roads of the county, and drawn upon county funds accruing under the Act of August 22,1923 (Acts 1923, pp. 197, 198) and known as the “gasoline fund.”

The respondent depository bank declined to pay this warrant on the ground that the only fund out of which it was legally payable, viz. the “gasoline fund,” had been already set…