Hardy v. Purington
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. H. G. Fuller, Judge. Mandamus by Jessie Hardy to compel R. F. Purington, as treasurer of Rousseau school district, to pay warrants issued by the school board. The writ was granted, and defendant appeals. The facts are stated in the opinion. A treasurer has the right to refuse to pay warrants known by him to be void, or of which there is a question of their legality.
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Appeal from circuit court, Hughes county. Hon. H. G. Fuller, Judge. Mandamus by Jessie Hardy to compel R. F. Purington, as treasurer of Rousseau school district, to pay warrants issued by the school board. The writ was granted, and defendant appeals. The facts are stated in the opinion. A treasurer has the right to refuse to pay warrants known by him to be void, or of which there is a question of their legality. Evans v. Bradlev, 55 -N. W. 721; Bailey v. Lawrence, 51 N. W, 331; Keller v. Hydie, 20 Cal. 593. A writ of mandamus to compel the payment of warrants should be refused when the…
1Opinion of the CourtKellam, J.
This is an appeal from a judgment of the circuit court of Hughes county awarding a peremptory writ of mandamus. In her affidavit, respondent alleges the legal existence of the Rousseau school district; that Rousseau, Doyle, and Purington were the duly elected or appointed, qualified, and acting members of the school board of said district, and constituted such board, and that no other person acted or pretended to act thereon, or claimed a right to do so; that said board, by written contract, signed by said board and respondent employed respondent, who was then and there a legally qualified…
2Cases cited10 opinions
- Greenfield v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1872
- Doll v. GoodCalifornia Supreme Court · 1869
- Hensley v. TartarCalifornia Supreme Court · 1860
- Keller v. HydeCalifornia Supreme Court · 1862
- Kingsley v. GilmanSupreme Court of Minnesota · 1867
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3Cited by5 opinions
- Hlebanja v. BreweSouth Dakota Supreme Court · 1931
- Smith v. City of La MoureNorth Dakota Supreme Court · 1950
- State ex rel. Brown v. City of PierreSouth Dakota Supreme Court · 1902
- Seher v. Woodlawn School District No. 26North Dakota Supreme Court · 1953
- Seher v. Woodlawn School District No. 26North Dakota Supreme Court · 1953