Legal Opinion

State ex rel. Wheeler v. Adams

Supreme Court of Missouri

Decided March 26, 1901PublishedCited by 15 opinions

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

  1. Andrew County ex rel. Kirtley v. SchellSupreme Court of Missouri · 1896
  2. State ex rel. Zimmerman v. Justices of Bollinger County CourtSupreme Court of Missouri · 1871
  3. Baker v. JohnsonSupreme Judicial Court of Maine · 1856
  4. William Brown Estate Co. v. Wayne CountySupreme Court of Missouri · 1894

3Cited by15 opinions

  1. State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
  2. State Ex Rel. Wagner v. FieldsMissouri Court of Appeals · 1924
  3. State ex rel. Jackson County Library District v. TaylorSupreme Court of Missouri · 1965
  4. County of Jackson v. J. H. Fayman & Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1931
  5. State Ex Rel. Kansas City Exchange Co. v. HarrisMissouri Court of Appeals · 1935

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