Jacobson v. Brey

This is an appeal from an order denying a motion to set aside a judgment in a mandamus proceeding. The facts necessary to an understanding of the questions presented for determination are substantially as follows:

In February, 1938, the board of county commissioners of Ward county in this state instituted a proceeding in mandamus against Fred M. Brey, the then county auditor, to compel him to set up on his books to the credit of the Ward County Fair Fund the sum of $33,-850.76, and “to sign warrants on bills and accounts against said Fair Fund approved by the board of county commissioners.”

The…