11 Wis. 153 | Wis. | 1860
By the Court,
We consider the relation in this case defective in a material point, for not alleging, as we think it ought, that the respondent had in his hands moneys which could properly be applied to the payment of the orders mentioned in the relation. An examination of the various provisions of law, defining the powers and duties of the
We are, therefore, of the opinion that it is the duty of the board to apply the funds under their control to the specific purpose for which the money is raised, and it might be well, perhaps, in drawing an order upon their treasurer, for teachers wages, to require it paid out of any funds raised for the purpose of paying teachers, which had not already been appropriated. And for a like reason it should appear affirmatively in the relation, that the respondent had moneys in his hands raised for the purpose of, and which could be applied to, the payment of the orders mentioned therein.
As this is a material part of the relation, the motion to quash must be granted, but with leave to amend upon payment of costs in the respect designated.