106 Ky. 628 | Ky. Ct. App. | 1899
delivered the opinion of ti-ie court.
It appears from this record that appellant was the county school superintendent for Pulaski county, and that at the April term, 1897, of the fiscal court of 'Pulaski county the following order was entered:
“It is ordered by the court that J. S. Cooper be, and he hereby is, allowed the sum of one thousand fifty-two and xx-100 dollars, payable out of the county treasury for salary for 1896.
“$1,052. N. L. Barnett, Clerk F. C. P. C.”
It is agreed that said order was presented to J. A. Mc.Gee, Treasurer, April 30, 1897, and numbered 994, and payment refused for the reason that the treasurer had no funds; but he indorsed the same as follows: “No. 994. April 30, ’97. J. A. McGee, Treas.” It is further agreed that the appellee is the successor of said McGee in the office of treasurer, and that both of them kept a memorandum of the claims presented to them in the order of their presentment, and indorsed on the back of the warrants
The appellant sought in this action, upon the agreed-facts, to obtain a mandamus from the circuit court of Pulaski county, ordering and directing the treasurer to pay his claim. Upon final hearing, the court adjudged that the plaintiff is not entitled to the specific relief prayed for in the petition, and adjudged that the cause be, and the same is hereby, dismissed; and it was further adjudged that the defendant, George W. Wait, treasurer, pay the claims allowed for each fiscal year out of the revenues levied and collected and paid to him for such year; and the court construes the order of the fiscal court for a levy of the taxes for 1898 as a levy made to pay the current expenses for said year; and it was further adjudged that the claims allowed and certified each year should be paid out of the revenue for such year in the numerical order in which the same are presented to him and payment demanded; and it is further adjudged that the act of April 22,, 1890, is repealed, and no interest is payable upon certificates of county indebtedness. To all of which judgment appellant excepted, and prayed an appeal to this court, which was granted.
It is the contention of appellant that the acts of April, 1885, 1886, and 1890, required the treasurer to pay the claim heretofore referred to.
It is the contention of appellee that said acts were repealed by the Kentucky Statutes, and in this contention
We do not deem it necessary to determine the question as to whether or not appellant will be entitled to recover interest upon his claim after the time it was legally due and payable. In our opinion, he could not demand from the treasurer interest, because there is no law requiring the treasurer to pay interest. Whether it be the legal duty of the fiscal court to provide for the payment of interest is a question not before us, and therefore not decided.
Judgment denying the mandamus prayed for is affirmed.