Bryan v. Menefee
Supreme Court of Oklahoma
Original proceeding for mandamus by A/ D. Bryan against J. A. Menefee, State Treasurer. This is an application for writ of mandamus to compel the respondent, J. A. Menefee, State Treasurer, to pay auditor’s warrant No. 669, for the sum of $50, issued to the relator by the State Treasurer, the respondent herein, for payment of salary as bookkeeper in said Treasurer’s office.
Read the full summary
Original proceeding for mandamus by A/ D. Bryan against J. A. Menefee, State Treasurer. This is an application for writ of mandamus to compel the respondent, J. A. Menefee, State Treasurer, to pay auditor’s warrant No. 669, for the sum of $50, issued to the relator by the State Treasurer, the respondent herein, for payment of salary as bookkeeper in said Treasurer’s office. The Treasurer refused to- pay said warrant for the reason that the Attorney General of the state had not certified that the warrant was a valid indebtedness against the state as required by section 29, art. 10, of the…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). The first question that would necessarily arise would be as to whether or not the State Auditor had authority to issue this warrant. It appears from the relator’s petition that the warrant was issued in part payment of the services of the relator as bookkeeper in the office of the State Treasurer. The position of bookkeeper for the State Treasurer’s office is not one that is created by virtue of the Constitution or a,ny statute in force in this state. Section o(>, art. 5, of the Constitution (Bunn’s Ed. § 129), provides:
“The general appropriation bill shall…
2Cases cited11 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- Spilman v. City of ParkersburgWest Virginia Supreme Court · 1891
- Sackett v. City of New AlbanyIndiana Supreme Court · 1883
- In re State WarrantsSouth Dakota Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State Ex Rel. Caldwell v. Hooker, County JudgeSupreme Court of Oklahoma · 1908
- Faught v. City of SapulpaSupreme Court of Oklahoma · 1930
- In Re Menefee, State TreasurerSupreme Court of Oklahoma · 1908
- State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
- Campbell v. State Ex Rel. BrettSupreme Court of Oklahoma · 1909
38 more not listed; retrieve them via the Exa API.