7 S.D. 568 | S.D. | 1895
Upon the relation of the city of Huron, this applicaton for a peremptory writ of mandamus is to compel the judge of the Fifth judicial circuit to vacate and set aside a temporary restraining order, granted in an action to obtain a permanent injunction, and by which the relator and its treasurer are restrained, during the pendency of said action, from paying out any of the funds of the city on warrants otherwise than warrants against the sinking fund or special sidewalk fund, except in the order of their registration, as the same is shown upon the records of said city. It appears from the complaint in said action, and from the affidavits used upon the hearing of an order to show cause why said temporary restraining order should not be granted, that there is now in the city treasury about the sum of $8,500 belonging to the general fund and that there are outstanding warrants to the amount of $8,000 drawn upon said fund, which were presented for payment and registration prior to the issuance and registration of any of the warrants owned by plaintiff, and that the treasurer of the city, for the past two years, has been paying out money belonging to the general fund for the current expenses of the
The charter of the city authorizes its council to appropriate money and provide for the payment of the expenses and indebtedness of the corporation, prohibits its treasurer from paying out money otherwise than upon warrants properly drawn, and requires him to pay said warrants in the order in which they are presented. Article 2 of chapter 16 of the Political Code, relating to the redemption of warrants, provides that all warrants issued after January 1, 1875, of the state, a county, or an incorporated city or town, shall be paid in the order of their presentation, therefore, and requires every state, county, or city treasurer to keep a book in which to register for payment, in the order of presentation for registration, every warrant so presented, and to indorse upon said warrant over'his official signature, “Registered for payment,” together
In contemplation of the financial requirements of newly organized or incorporated counties, towns, or cities, before money with which to pay current expenses can be realized through the ordinary channels of assessment and taxation, and for the purpose of enhancing the credit of such recent organizations, as well as others, by enabling holders of warrants upon any legally constituted fund thereof to ascertain approximately its present cash value and time of payment from books thrown open for their inspection, and to prevent a multitude of suits
Of course, this court will not be understood as passing upon the validity of any of the warrants referred to by either party to this controversy. It is only valid warrants that are to be paid in the order of their presentation ?md registration, and