State ex rel. Marshall v. Starling

Citations

• 13 S.C. 262
• 1880 S.C. LEXIS 46

Syllabus

<p>1. County commissioners cannot be required to give a check unless there are funds in the treasury appropriated for the particular subject to which the claim belongs.</p> <p>2. Excesses in any specific appropriation, in the county treasury for a fiscal year, are applicable to other county claims for that year; an excess overall claims goes over to the next fiscal year.</p> <p>3. Funds being in the county treasury for the fiscal year ending October 31st, undrawn, but insufficient to pay audited claims for that fiscal year,, and no funds being yet collected for the fiscal year commencing November 1st, upon petition filed in January, a. mandamus was granted requiring the county commissioners to draw their warrant for one-third, or the October portion, of a trial justice’s salary, which was fixed by law and due for-the quarter ending December 31st.</p> <p>4. A salary fixed by law need not be audited, as the county commissioners' have no discretion to allow or reject it; when funds are in their treasury, applicable to its payment, it is their duty to draw a check therefor.</p>