Bailey v. Lawrence County

Citations

• 2 S.D. 533
• 51 N.W. 331
• 1892 S.D. LEXIS 15

Syllabus

<p>1. To entitle a party to a writ of mandamus, lie must have a clear legal right to have a service performed by the party to whom he seeks to have the writ directed. Mandamus will only issue to compel action when the right oí the relator is clear.</p> <p>2. A county treasurer is not justified in paying interest coupons out of any other than specific funds raised for that purpose, and in his hands, until the board of commissioners of the county have issued an order upon him to do so.</p> <p>(Syllabus by the court.</p>