Shattuck v. Kincaid
Oregon Supreme Court
From Marion: Henry H. Hewitt, Judge. E. D. Shattuck instituted a mandamus proceeding against Harrison R. Kincaid, as Secretary of State of Oregon, to compel him to audit a claim against the state and to issue a warrant upon the state treasurer for the amount he allowed thereon.
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From Marion: Henry H. Hewitt, Judge. E. D. Shattuck instituted a mandamus proceeding against Harrison R. Kincaid, as Secretary of State of Oregon, to compel him to audit a claim against the state and to issue a warrant upon the state treasurer for the amount he allowed thereon. The claim was for that portion of his salary as judge of the circuit court for the fourth judicial district of said state due for the quarter ending March 31, 1897, amounting to $750.00. The claim was properly stated, certified, and verified, as by law required, and presented to the secretary with a demand that he pass…
1Opinion of the Court
Opinion by
Mr. Justice Wolveeton.
This is a proceeding by mandamus to require the secretary of state to audit a claim, and draw his warrant for the salary of a circuit judge for the quarter ending March 31, 1897. The secretary resists the proceeding upon the ground that, the legislature having failed to make appropriations for the current expenses of the state, he is without authority either to audit or draw his warrant for such claim. The case comes here upon demurrer to the alternative writ, which was sustained by the lower court.
By section 2297, Hill’s Ann. Laws, it is provided that “each of…
2Cases cited25 opinions
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- Thomas v. OwensCourt of Appeals of Maryland · 1853
- Bryan v. CattellSupreme Court of Iowa · 1864
- Ristine v. State ex rel. Board of Commissioners of the Sinking FundIndiana Supreme Court · 1863
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3Cited by39 opinions
- State ex rel. Bonner v. DixonMontana Supreme Court · 1921
- Menefee, State Treas. v. AskewSupreme Court of Oklahoma · 1910
- Riley v. CarterSupreme Court of Oklahoma · 1933
- Eielson v. ParkerSupreme Court of Connecticut · 1980
- Crawford v. HuntArizona Supreme Court · 1932
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