23 Neb. 505 | Neb. | 1888
This is a proceeding by mandamus to compel the defendant to pay to the relator certain money in his hands alleged to be due the city of Beatrice. The relator alleges in his petition that he is now, and has been for more than two years last past, the duly elected,- qualified, and acting treasurer of the city of Beatrice, in Gage county, which is a city of the second class having more than 5,000 inhabitants, and organized and existing as a corporation under -and by virtue of the laws of this state; and that the defendant, E. J. Roderick, is the duly elected, qualified, and acting treasurer of the county of Gage, which is a duly •organized county in said state of Nebraska; and that the •defendant has been such treasurer of said county for more
Section 169 of chapter 77 of the Compiled Statutes makes it the duty of a county treasurer to pay to the proper authority of a city, village, etc., the amount of taxes and special assessments due to such city, village, etc.
In State v. Gandy, 12 Neb., 232, this court granted a writ of mandamus to compel the payment of certain county warrants, held by the relator in that case, it being conceded that there were sufficient funds in the county treasury for that purpose. And in State v. Scott, 15 Neb., 147, it was held that a mandamus would issue to compel the county treasurer to pay out the county money of the appropriate fund upon a county warrant according to its face. And in State v. Leidtke, 12 Neb., 171, it was held that mandamus was the proper proceeding to compel the payment of the fees collected by the auditor in making “ statements for publication for life insurance companies and procuring the same to be. published, and issuing duplicate certificates for both fire and life insurance companies.” These cases seem to be conclusive as to the right of the relator to the relief prayed for. Where a county treasurer has funds in his hands belonging to a municipality, it is the duty of siich treasurer to pay such funds to the party entitled thereto. This duty is imposed by the statutes, and in case the treasurer fails to perform his duty in that regard, he may be compelled by mandamus, and the party entitled to the money is not compelled to resort to the slow and circuitous remedy of an action on the treasurer’s bond. Such a remedy in many cases is not an adequate one.
The question of the amount of fees to which the defend
Order accordingly.