Oliver v. Bolinger
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; Section 29, article 5, Constitution 1874, directs the manner in which all moneys shall be paid out of the State treasuiy. All statutory enactments to the contrary are void and of no force whatever. This section has often been interpreted as upholding appellant’s position.
Read the full summary
Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; Section 29, article 5, Constitution 1874, directs the manner in which all moneys shall be paid out of the State treasuiy. All statutory enactments to the contrary are void and of no force whatever. This section has often been interpreted as upholding appellant’s position. Under Kirby’s Digest, 3405-6, 4905-6 and 4912, it was incumbent upon the State Auditor to issue his warrant. 125 Ark. 101. It was clearly the duty of the Auditor to refuse to issue the warrant as the Treasurer was not authorized to pay same. It was the…
1Opinion of the CourtHumphreys, J.
This suit originated in the Second Division of the Pulaski Circuit Court,, and is a mandamus proceeding by appellee against appellant to compel the issaunce of a warrant by the State Auditor, directing the State Treasurer to pay appellee $300, which was paid into the treasury by appellee in consideration of certain lands which had been forfeited to the State of Arkansas for the nonpayment of taxes due thereon for the yeaTS 1896 and 1897. The money was paid into the treasury and the deed procured from the State Land Commissioner, pursuant to statutes of the State governing the sale of lands…
2Cases cited1 opinion
- Dickinson v. ClibournSupreme Court of Arkansas · 1916
3Cited by5 opinions
- Director of Bureau of Legislative Research v. MacKrellSupreme Court of Arkansas · 1947
- McAdoo Petroleum Corp. v. PankeyNew Mexico Supreme Court · 1930
- Mason-Walsh-Atkinson-Kier Co. v. Department of Labor & IndustriesWashington Supreme Court · 1940
- Opinion No., Arkansas Attorney General Reports2001
- Wells v. ChildersSupreme Court of Oklahoma · 1945