State ex rel. Guyton v. Knott
State ex rel. Guyton v. Knott
Opinion of the Court
Recently, at the present term, in the case of State ex rel. Guyton, Clerk, v. A. C. Croom, Comptroller, a mandamus proceeding originating in this court,
Carter. Hocker, Shackleford and Cockrell, JJ., concur.
Whitfield, J., being disqualified, took no part in the decision of the case.
Reference
- Full Case Name
- In re. Petition of the State ex rel. Moses Guyton as Clerk v. William V. Knott, State Treasurer
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Mandamus — Chapter 4121, Laws of 1893, Construed — Duty of Comptroller, Governor and Treasurer Under Said Chapter. Under chapter 4121, laws of 1893, making povision for the transmission of funds by the State Treasurer to clerks of the Circuit-Courts for the payment of jurors and witnesses before grand juries upon requisitions of such clerks, it is the duty of the Comptroller to endorse such requisitions for such sum as in his judgment is necessary for the object to be met; and under the provisions of said act, when read in connection with sections six and twenty-four of Article Four of the constitution, it is the duty of the Governor to countersign the endorsement of such requisitions by the Comptroller, and when so endorsed by the Comptroller and countersigned by the Governor it is the duty of the State Treasurer to transmit to the clerk making the requisition the amount sanctioned by the endorsement of the Comptroller. Where a petition for mandamus against the State Treasurer to enforce the performance of his duty under said act fails to show that the endorsement by the Comptroller of such a requisition has been countersigned by the Governor, the alternative writ of mandamus will be denied.