Dickinson v. Clibourn
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division, G. W. Hendricks, Judge; 1. Mandamus will lie against the auditor to compel him to issue a warrant only when there is a law making it his duty to do so. 104 Ark. 583; 45 Cal. 149. There is no duty incumbent upon the auditor to issue the warrant here. He can only issue warrants where there has been money appropriated by law for that purpose.
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Appeal from Pulaski Circuit Court, Third Division, G. W. Hendricks, Judge; 1. Mandamus will lie against the auditor to compel him to issue a warrant only when there is a law making it his duty to do so. 104 Ark. 583; 45 Cal. 149. There is no duty incumbent upon the auditor to issue the warrant here. He can only issue warrants where there has been money appropriated by law for that purpose. Const. 1874, Art. 16, § 12; Kirby’s Digest, § 3415; 42 Ark. 233. 2. There has been no appropriation made by Act 124, Acts 1915, p. 464. The Legislature alone has power to make appropriations. Const. Art.…
1Opinion of the CourtKirby, J.
Appellee brought this suit against the State Auditor and Treasurer for a mandamus to compel the Auditor to issue a warrant on the Treasurer on a voucher drawn by the Game and Fish Commission in his favor as a game warden and the Treasurer to pay same out of the game and fish protection fund.
It was alleged that the voucher was duly issued for services rendered and that the Auditor and Treasurer refused to issue a warrant thereon and cash same, claiming no appropriation had been made of said fund for such purpose.
The court having overruled a general demurrer to the complaint and appellants…
2Cases cited4 opinions
- State ex rel. Norfolk Beet-Sugar Co. v. MooreNebraska Supreme Court · 1896
- Dickinson v. EdmondsonSupreme Court of Arkansas · 1915
- Moore v. AlexanderSupreme Court of Arkansas · 1908
- Clayton v. BerrySupreme Court of Arkansas · 1871
3Cited by34 opinions
- McArthur v. SmallwoodSupreme Court of Arkansas · 1955
- Hooker v. ParkinSupreme Court of Arkansas · 1962
- Hudson v. KellyArizona Supreme Court · 1953
- Crane v. FrohmillerArizona Supreme Court · 1935
- Grable v. BlackwoodSupreme Court of Arkansas · 1929
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