Brown v. Ruse

Citations

• 69 Tex. 589
• 7 S.W. 489
• 1888 Tex. LEXIS 900

Syllabus

<p>1. Mandamus. — A school voucher issued in 1874, by the superintendent of public schools, was filed for allowance in a county commissioners court in 1883, and on which was endorsed the following: “August 13, 1883. The court find two hundred and ninety-o*ie dollars and thirty-one cents due on this claim.” No formal entry of the action of the court allowing the claim was made on the records of the court, because the court so directed, believing that it was not. required, though the claim was allowed. No book was kept in which to enter the action of the court on such claims. At a future term the commissioners court, without notice to the claimant, entered an order that no order should issue on that or similar claims that had been ascertained to be due to teachers, reciting: “As we do not believe said claims are legitimate against county or the communities where the same originated.” Held:</p> <p>(1) No action of the court, after the allowance of the claim, had without notice to the claimant, could affect his right to enforce payment on the former appproval of the claim.</p> <p>(2) Mandamus was the proper remedy to compel the issuance of a warrant on the county treasurer for the payment of the audited claim.</p> <p>(3) Though the practice in such cases is to swear to the petition, the statute does not expressly require it.</p>