Boner v. . Adams
Supreme Court of North Carolina
Application for a peremptory writ of mandamus heard before Watts, J., at Chambers. The plaintiff alleged in his complaint that he was Clerk of the House of Representatives of North Carolina from the first ■day of July, 1868, to the organization of the General Assembly, which was elected on the first Thursday in August, A. D. 1870. That for services rendered the State as Clerk, aforesaid, for ■the time mentioned in the preceding allegation, he is entitled to ten dollars per…
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Application for a peremptory writ of mandamus heard before Watts, J., at Chambers. The plaintiff alleged in his complaint that he was Clerk of the House of Representatives of North Carolina from the first ■day of July, 1868, to the organization of the General Assembly, which was elected on the first Thursday in August, A. D. 1870. That for services rendered the State as Clerk, aforesaid, for ■the time mentioned in the preceding allegation, he is entitled to ten dollars per day, for three h undred and four days, less seven dollars per day, that he has received. That said additional sum is due…
1Opinion of the CourtReadk, J.
The Treasurer, Jenkins, can pay no money out of the treasury, except on the warrant of the Auditor. Acts 1868-’69, ch. 270, sec. 71.
The plaintiff admits that he had no warrant from the Auditor; and so, according to the plaintiff’s'owu showing, he can have no process against the Treasurer. And, therefore, the case must be dismissed as to him with costs.
The Auditor is an officer, named in the Constitution, “with duties to be prescribed by law.” Art. Ill, secs. 1 and 13.
The Act of 1868-69, ch. 27, prescribes his duties.
Sec. 63, paragraph 1, “ To superintend the fiscal concerns of' the State.”
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2Cited by12 opinions
- Person v. . WattsSupreme Court of North Carolina · 1922
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- Person v. Board of State Tax CommissionersSupreme Court of North Carolina · 1922
- Burton v. . FurmanSupreme Court of North Carolina · 1894
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