People ex rel. Woodbury & Moulton v. Pavey

Citations

• 137 Ill. 585
• 27 N.E. 697

Syllabus

<p>1. Mandamus—to compel the State Treasurer to pay registered county bonds—requisites of petition. An amendatory statute relating to municipal bonds issued to a railway company authorized the registration of bonds issued to the company by counties and cities, on the application of the holders of $20,000 or upward of the bonds of any county or city, in which event the act of 1865, so far as the same related to the registration, collection and payment of interest, should apply to such bonds. The act further provided, that “whenever the proper county or city authorities shall provide for the payment of principal of such bonds, the amount annually to be raised for that purpose shall be certified by the proper authorities of such county or city to the Auditor of Public Accounts, and the provisions of said act shall apply to the collection and payment of the principal of said bonds as so provided by said county or city authoritiesHeld, that to authorize the collection of the principal it was necessary that the county or city authorities should provide for the payment of the principal, and certify the amount to be raised to the Auditor, and that a petition for mandamus to require the State Treasurer to pay money collected for the county on bonds held by the relator should show a compliance with this requirement.</p> <p>2. A petition for a mandamus to compel the payment of money in the State Treasurer’s hands, belonging to a county, upon bonds of such county, which fails to show, by proper averments, that the money in his hands is money which it is his duty, under the law, to pay to the relator, is bad on demurrer.</p> <p>3. Although there may be sufficient money of a county in the hands of the State Treasurer to pay the bonds of the relator, it does not follow that it is the duty of that officer to pay out such money on such bonds. They are payable only out of moneys in his hands levied and collected for their payment pursuant to law, and this must be conclusively shown b