Wilmarth v. Ritschlag
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Proceeding in mandamus by A. W. Wilmarth. against William A. Ritschlag, as treasurer of the city of Huron, to compel defendant to pay a warrant. Prom an order denying plaintiff’s application for a peremptory writ, he appeals. The facts are stated in the opinion.
1Opinion of the CourtPuller, J.
Based upon plaintiff’s affidavit, as the party beneficially interested, an application was made to the trial court for a peremptory writ of mandamus, compelling the defendant, as treasurer of the city of Huron, to pay a warrant drawn May 5, 1869, on funds in the city treasury, purporting to have been levied and collected to pay the current expenses for the fiscal year commencing December 1, 1895, and ending November 30, 1896, and accepted by plaintiff as payment in full for his salary as city attorney for the month of April of the present year. Payment was by the treasurer refused, and the…
2Cases cited5 opinions
- People ex rel. Thatcher v. Village of Hyde ParkIllinois Supreme Court · 1886
- City of Logansport v. HumphreyIndiana Supreme Court · 1886
- State ex rel. City of Huron v. CambpellSouth Dakota Supreme Court · 1895
- Leffingwell v. FreyerWisconsin Supreme Court · 1867
- People ex rel. Sullivan v. HakeIllinois Supreme Court · 1876
3Cited by1 opinion
- Lohman v. City of AberdeenSouth Dakota Supreme Court · 1976