State ex rel. Treat v. Richter
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Manitowoc County. Mandamus to compel the county clerk of Manitowoc county to sign, issue and deliver to Treat, the relator, an order on the treasurer of said county for the sum of $325.90, in payment for the balance of a claim against said county for printing, which had been audited and allowed in relator's favor by the county board of supervisors, and the clerk directed to draw orders for the amount.
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APPEAL from tbe Circuit Court for Manitowoc County. Mandamus to compel the county clerk of Manitowoc county to sign, issue and deliver to Treat, the relator, an order on the treasurer of said county for the sum of $325.90, in payment for the balance of a claim against said county for printing, which had been audited and allowed in relator's favor by the county board of supervisors, and the clerk directed to draw orders for the amount. The relation alleged that the clerk refused to issue to the relator orders for said sum, but had issued orders to the amount thereof to one P. P. Fuessenich in…
1Opinion of the CourtRyan, C. J.
The authority and duty to audit the relator’s account, and to order its payment, were in the board of supervisors of the county. R. S., ch. 13, sec. 27; Laws of 1868, ch. 160. It was the duty of the county clerk to make and sign the proper county orders for the amount allowed by the board to the relator. R. S., ch. 13, sec. 57. It was the duty of the chairman of the board to countersign the orders. Id., sec. 36. The duty of these officers to sign and countersign the orders was purely ministerial. State v. Winn, 19 Wis., 304.
It appears that the relator has received county orders for part of…
2Cases cited1 opinion
- State ex rel. White v. WinnWisconsin Supreme Court · 1865
3Cited by6 opinions
- Reichert v. Milwaukee CountyWisconsin Supreme Court · 1914
- State ex rel. Wisconsin Telephone Co. v. Janesville Street Railway Co.Wisconsin Supreme Court · 1894
- Robertson v. Board of Library TrusteesCalifornia Supreme Court · 1902
- State ex rel. Board of School Directors v. NelsonWisconsin Supreme Court · 1899
- State ex rel. Mulholland v. County Clerk of Manitowoc CountyWisconsin Supreme Court · 1880
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