12 Wis. 596 | Wis. | 1860
By the Court,
This was an application for a mandamns to compel tbe treasurer to pay two accounts wbicb bad been audited in favor of tbe relator, one for publishing tbe list of forfeited school lands, and tbe other for publishing tbe list of forfeited swamp lands, in tbe county of Oconto, on tbe order of tbe school land commissioners. Tbe return of tbe treasurer sets forth, that previous to tbe making of tbe order under wbicb tbe relator did tbe work, another order bad been made by tbe commissioners, directing that
It may be a case of hardship, if the relator was unaware of the fact that the commissioners had already exhausted their power by making a valid contract with another party. But that cannot change the law, nor enlarge the power of the commissioners so as to enable them to publish in two papers, when the law says they may publish it in one only. It must fall, therefore, within the repeated decisions of this court, that the acts of' officers beyond their lawful authority, can create no legal claim against the state, and none which the secretary has authority to audit.
The demurrer to the return must be overruled.