169 Ind. 93 | Ind. | 1907
This action was brought to compel appellee, as auditor, to issue a warrant to the relator for services rendered under a contract with the county in regard to the recovery of omitted and sequestered taxes. An alternative writ of mandate was duly issued and served, and to this appellee’s demurrer on the ground of insufficient facts was sustained. Appellant refusing to amend or plead further, final judgment was rendered in favor of appellee.
It is alleged that the court erred in sustaining appellee’s demurrer to the alternative writ, or complaint. The writ alleged the following facts in substance: That appellee is the duly elected, qualified, and acting auditor of Clark county, and on December 4, 1905, said county was indebted to the relator in the sum of $.1,321.66, for services rendered by him under a written contract of employment with the board of commissioners of the county, duly entered into July 7, 1903, it having been found on said date, by an order of the board, that the employment of relator upon the terms of said contract was an indispensable public necessity (copies of such order and contract by proper exhibits are
Appellee’s counsel insist that their demurrer was properly sustained, for the reasons that there was no allegation in the complaint that when the alleged contract was entered into there was any money appropriated by the county council for the purposes of the obligation thereby attempted to be created; nor was there any allegation that at the time the warrant was demanded of appellee there was any money in the treasury duly appropriated to meet such expenditure.
Finding no error, the judgment is affirmed.