Garner v. . Worth

Citations

• 29 S.E. 364
• 122 N.C. 250
• 1898 N.C. LEXIS 237

Syllabus

<p>Mandamus — State Treasurer — Collection of Debt Against the State — Expenses of State Government— “Oyster Claims</p> <p>1. The Courts cannot direct the State Treasurer to pay a claim against the State, however just and unquestioned, when there is no legislative appropriation to pay the same; and when there is such an appropriation the coercive power is applied not to compel the payment of the State liability but to compel a public servant to discharge his duty by obedience to a legislative enactment.</p> <p>2. Incidental bills of cost devolved upon the State by the failure of actions authorized by it (other than those specified in Sections 742 and 3373 of The Code) are not “expenses of the State government” within the meaning of Section 1 of Chapter 168 Acts of 1897, which provides that certain taxes shall be applied to the payment of such expenses.</p> <p>3. Where the State Treasurer denies the correctness of a claim audited by the State Auditor and alleges fraud in the creation of the indebtedness or that the services for which a warrant was issued were not rendered, mandamus will not lie to compel him to pay it, the question raised by such claim being for the Legislature, and not the Courts, to determine.</p>