Cates v. Knapp

Citations

• 104 Kan. 184
• 178 P. 447
• 1919 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — State Auditor — Refusal to Issue Warrant — Claim, Valid —Writ Allowed. Findings of fact and conclusions of law returned by a commissioner appointed for the purpose, approved, and held that the state auditor may not refuse to issue a warrant for the payment of a claim because the claimant had been a member of an unlawful combination in restraint of trade (Gen. Stat. 1915, § 6457), when the claim itself did not grow out of and was not connected with the combination.</p> <p>2. Same — Duty of Auditor to Issue Warrant — Proper Remedy. Mandamus is the proper remedy to obtain a warrant, whenever it is the legal duty of the auditor to issue it.</p> <p>3. Same — Authority of Auditor to Withhold Warrants. The authority of the auditor to issue and withhold war-rants outlined..</p>