State ex rel. Wells v. Tingey

Upon tbe petition of Heber M. Wells, Governor of tbe State, an alternative, writ of mandate was issued out of tbis court, directing tbe respondent, Charles S. Tingey, as State Auditor, to draw and deliver to tbe relator a warrant or warrants for tbe unpaid balance of bis salary as Governor, alleged in tbe petition to be due and unpaid, and for wbicb tbe respondent refused to issue to tbe relator a state warrant. Tbe respondent demurred to tbe petition and alternative writ on tbe ground tbat tbey failed to state facts sufficient to constitute a cause of action or justify the issuance of a…