State Ex Rel. Cutting v. Westerfield
Nevada Supreme Court
Original proceeding. Application by the State on the relation of H. C. Cutting, as Superintendent of Public Instruction, for mandamus to compel W. J. Westerfield, as State Treasurer, to pay a certain warrant drawn by the State Controller upon the general school fund of the state for payment on the salary of the superintendent of public instruction.
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Original proceeding. Application by the State on the relation of H. C. Cutting, as Superintendent of Public Instruction, for mandamus to compel W. J. Westerfield, as State Treasurer, to pay a certain warrant drawn by the State Controller upon the general school fund of the state for payment on the salary of the superintendent of public instruction. The facts sufficiently appear in the opinion. 1.Section 3 of article XI of the constitution pledges the interest accrued from investment of the state school fund to the various counties, but, by virtue of section 6 of the same article, money…
1Opinion of the Court
By the Court,
Bonnifield, J.:
The relator applies to the court for writ of mandamus, to compel the respondent, as state treasurer, to pay a certain warrant drawn in his favor by the state .controller, for $83 33 as his salary for the month of January, 1897.
In 1881 the act of the legislature fixing the salary of the superintendent, made it payable out of the general school fund. In 1891 the legislature reduced his salary, but made it payable out of said fund. Every appropriation made by the legislature for payment of his salary from 1883 to 1897, inclusive, has been made payable out of the said…
2Cases cited2 opinions
- State ex rel. Greenbaum v. RhoadesNevada Supreme Court · 1868
- State ex rel. Wright v. DoveyNevada Supreme Court · 1887
3Cited by5 opinions
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- State v. Lincoln Co. P.D.Nevada Supreme Court · 1941