Nelson v. Clayton
Utah Supreme Court
Appeal from tbe Third Judicial District Court. The facts appear in the opinion of the court. The demurrer ought to have been sustained. Whenever a mandamus is sought against a fiscal officer of the government, to compel payment of a public indebtedness, it must appear from the law and the facts stated, that the indebtedness is such an one as the officer is authorised to allow, and that it is his duty to pay it or cause it to bo paid.
Read the full summary
Appeal from tbe Third Judicial District Court. The facts appear in the opinion of the court. The demurrer ought to have been sustained. Whenever a mandamus is sought against a fiscal officer of the government, to compel payment of a public indebtedness, it must appear from the law and the facts stated, that the indebtedness is such an one as the officer is authorised to allow, and that it is his duty to pay it or cause it to bo paid. There must also appear to he unexpended funds duly appropriated for that purpose, since the writ will not lie to compel the performance of an act which the…
1Opinion of the CourtEmeRSON, J.
This appeal is from a judgment granting a peremptory writ of mandamus, commanding the appellant, who is auditor of public accounts for the Territory, to audit certain accounts for supplies furnished by the applicant for the subsistence and maintenance, at the Territorial penitentiary, of convicts under sentence from the various district courts of the Territory for the violation of Territorial laws.
The applicant at the time was United States marshal, and as such was, by the laws of Congress, warden and keeper of the penitentiary.
The account is for supplies furnished during the year 1877, and…
2Cited by2 opinions
- Preece v. RamptonUtah Supreme Court · 1972
- Preece v. RamptonUtah Supreme Court · 1972