Carter v. Thomas

Maude O. Thomas, hereinafter called plaintiff, instituted an action in the district court of Oklahoma county against F. C. Carter, as State Auditor of the state of Oklahoma, hereinafter called defendant, for a peremptory writ of mandamus to require the defendant to audit and allow a certain claim filed by the plaintiff. The- district court granted plaintiff judgment, and the defendant brings this appeal.

The case was tried upon an agreed statement of facts, a summary of the pertinent parts thereof is as follows:

Lew H. Wentz was appointed Highway Commissioner for a term of six years, as…