State ex rel. Wheeler v. Adams
Supreme Court of Missouri
Mandamus. (1) (a) Mandamus will lie to compel the county treasurer to pay a warrant legally drawn upon him where he has money in his hands with which to pay the same. State ex rel. v. Treasurer Callaway Co., 43 Mo. 229; State ex rel. v. Justices Bollinger Co. Ct., 48 Mo. 477; State ex rel. v. Haynes, 72 Mo. 378. (b) And where the warrant is drawn upon a special fund it is not necessary to reduce it to a judgment before resorting to mandamus.
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Mandamus. (1) (a) Mandamus will lie to compel the county treasurer to pay a warrant legally drawn upon him where he has money in his hands with which to pay the same. State ex rel. v. Treasurer Callaway Co., 43 Mo. 229; State ex rel. v. Justices Bollinger Co. Ct., 48 Mo. 477; State ex rel. v. Haynes, 72 Mo. 378. (b) And where the warrant is drawn upon a special fund it is not necessary to reduce it to a judgment before resorting to mandamus. No judgment thereon could be recovered against the county. State ex rel. v. Bollinger Co. Ct., 48 Mo. 477; Sheridan v. Fleming, 93 Mo. 321; Kings-bury v.…
1Opinion of the CourtRobinson, J.
This is an original proceeding instituted in this court on the relation of George B. Wheeler for a peremptory mandamus to compel respondent as treasurer of Butler county to pay relator the amount of a certain county warrant drawn by the county court of said county upon the swamp land fund.
The allegations of the alternative writ are as follows:
“That on and prior to the twenty-ninth day of June, 1899, George B. Wheeler held a claim against the county of Butler, in the State of Missouri, for the sum of $3,000, together with interest thereon for several years, ,for money paid by him to the county…
2Cases cited4 opinions
- Andrew County ex rel. Kirtley v. SchellSupreme Court of Missouri · 1896
- State ex rel. Zimmerman v. Justices of Bollinger County CourtSupreme Court of Missouri · 1871
- Baker v. JohnsonSupreme Judicial Court of Maine · 1856
- William Brown Estate Co. v. Wayne CountySupreme Court of Missouri · 1894
3Cited by15 opinions
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- State Ex Rel. Wagner v. FieldsMissouri Court of Appeals · 1924
- State ex rel. Jackson County Library District v. TaylorSupreme Court of Missouri · 1965
- County of Jackson v. J. H. Fayman & Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1931
- State Ex Rel. Kansas City Exchange Co. v. HarrisMissouri Court of Appeals · 1935
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