Legal Opinion

State v. Bordelon

Supreme Court of Louisiana

Decided February 15, 1851PublishedCited by 13 opinions

APPEAL from the First District Court of New Orleans, Larue, J. This case arose from an application for a mandamus against the auditor of public accounts and the State treasurer, upon the relation of the major-general of the Louisiana militia.

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APPEAL from the First District Court of New Orleans, Larue, J. This case arose from an application for a mandamus against the auditor of public accounts and the State treasurer, upon the relation of the major-general of the Louisiana militia. The judgment of the district court was as follows : “The relator alleges, that he is bylaw entitled to receive from the State trea'surer, the sum of two thousand five hundred dollars, but that Louis Bordelon, Auditor of Public Accounts, refuses to deliver to him the warrant upon the State treasurer for the said sum, without which warrant it cannot be…

1Opinion of the Court

The judgment of the court was pronounced by

Eustis, C. J.

The relator alleges that he is by law entitled to receive from the State treasurer the sum of two thousand five hundred dollars ; but that Louis Bordelon, Auditor of Public Accounts, refuses to deliver to him the warrant upon the State treasurer for the said sum, without which warrant it cannot be legally paid. A rule to show cause why a mandamus should not issue to the auditor and treasurer was granted, and the cause shown by both is the same, to wit: “that there is no law specially appropriating the amount of money for which a warrant…

2Cases cited1 opinion

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838

3Cited by13 opinions

  1. Pickle v. FinleyTexas Supreme Court · 1898
  2. Menefee, State Treas. v. AskewSupreme Court of Oklahoma · 1910
  3. State ex rel. Henderson v. BurdickWyoming Supreme Court · 1893
  4. State ex rel. Peel v. ClausenWashington Supreme Court · 1917
  5. State ex rel. Davis v. EggersNevada Supreme Court · 1907

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