Legal Opinion · Concurring in part, dissenting in part

State Ex Rel. Phillips v. Carter

Supreme Court of Oklahoma

Decided February 20, 1940No. 29678Published

1Concurring in part, dissenting in partHurst, J.

I concur in the conclusion that the writ should issue to compel the State Auditor to issue non-payable warrants, but only up to the point where the reasonably anticipated revenue to be collected and to accrue to the general revenue fund during the present fiscal year will be exhausted. It does not appear that that point has been reached or will be reached prior to April. Warrants so issued do not constitute debts, but are proper charges against such fund. Kelley v. Baldwin (Pa. 1935) 179 Atl. 736; State Budget Commission v. Lebus (Ky. 1932) 51 S. W. 2d 965; State v. Medbery (1857) 7 Ohio St.…

2Cases cited17 opinions

  1. Commonwealth Ex Rel. Schnader v. LiverightSupreme Court of Pennsylvania · 1927
  2. Boswell v. StateSupreme Court of Oklahoma · 1937
  3. Fergus v. BradyIllinois Supreme Court · 1917
  4. In Re Menefee, State TreasurerSupreme Court of Oklahoma · 1908
  5. Campbell v. State Ex Rel. BrettSupreme Court of Oklahoma · 1909

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