10 S.D. 365 | S.D. | 1897
This is an original application to this court for a peremptory writ of mandamus to compel the defendant, as state auditor, to draw his warrant upon the state treasurer, in favor of the applicant, for a balance claimed to be due him as attorney for the board of railroad commissioners, and which account has’ been audited and allowed by said board. It appears by the affidavit presented that the state auditor has audited and drawn warrants for the sum of $2,250, — being one-half of the appropriation made by the legislature pf 1897 as a litigation fund, — to be expended by the railroad commissioners for the fiscal years of 1897 and 1898. The defendant, by his attorneys, moved the court to quash the affidavit and deny the