Clark v. Clark

John W. Clark, as sheriff, applied for tbe writ of mandamus to compel Walter A. Clark, as treasurer of Richmond county, to pay him out of the county funds raised by taxation the sum-of $1,141.40 for “insolvent criminal costs” recommended to be paid by a majority of the grand jury of Richmond county. The treasurer resisted the application on the grounds, among others, that the plaintiff was not entitled to the relief sought. In support of his position it was insisted that a special act, approved September 16th, 1881 (Acts 1880-81, p. 533, upon which the plaintiff relied, was unconstitutional…