Hunter v. Mobley

Citations

• 26 S.C. 192
• 1 S.E. 670
• 1887 S.C. LEXIS 23

Syllabus

<p>1. The individuals constituting the board of county commissioners are not guilty of a wilful or negligent mismanagement of county funds, where their error, if any, proceeded solely from a misconstruction of the law.</p> <p>2. The law gives the sheriff on his accounts for dieting prisoners and transporting convicts no preference over other county claims; and there being a deficiency of county funds, he is entitled to only the same pro rata as other county creditors.</p> <p>3. County taxes are divided by law amongst the several objects of county expenditure; and the county commissioners may not draw a check on the county treasurer to pay a claim, unless there are funds in the treasury applicable to the class of expenditures to which such claim belongs.</p> <p>4. Where there are funds in hand applicable to the claim of a county creditor, which the county commissioners refuse to pay, his remedy is mandamus to compel the commissioners to issue their check for its payment, and not action against the individual members of the board for damages.</p>