158 Ind. 102 | Ind. | 1902
On April 5, 1901, the relator, John D. Morgan, instituted this action to obtain a mandamus against the Monroe county council, the auditor, and the board of commissioners of said county of Monroe. The petition alleges that on December 28, 1900, the county was indebted to the relator in the sum of $111, as a balance due on salary as county assessor of said Monroe county; that on the 26th day of November, 1900, be filed bis claim for said amount with the county auditor, itemized and sworn to as provided
It is insisted by counsel for appellee that the petition is insufficient to entitle the relator to a writ of mandate, and therefore the ruling of the court on the demurrer was right.
Under §25 of the reform law, the mere fact, as alleged, that the board of commissioners allowed relator’s claim for compensation does not of itself bind the county beyond the amount of money which had been previously appropriated by the council for its payment. If the allowance made by the board of commissioners, under the circumstances, is legitimate, and one which the county council was empowered in the first instance to make an appropriation for its payment, then such council can exercise such power of appropriation when the claim so allowed is, thereafter, at either a regular or special session, presented to it for the purpose of making the necessary appropriation.