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WAILES v. SMITH

No. 872.

157 U.S. 271 (1895)

15 S.Ct. 624

39 L.Ed. 698

WAILES, v. SMITH.

Supreme Court of United States.

Decided March 25, 1895.

Attorney(s) appearing for the Case

Mr. John Prentiss Poe, Attorney General of the State of Maryland, for the motion.

Mr. John T. Morgan opposing.

MR. JUSTICE WHITE, after stating the case, delivered the opinion of the court.

Without considering the effect of the act of the General Assembly of 1894, and of the receipt by the plaintiff in error of the money therein appropriated, we think it clear that the motion to dismiss must prevail. The judgment of the Court of Appeals of Maryland proceeded upon the theory that there was no ministerial duty resting on the Comptroller to draw a warrant in favor of the plaintiff...

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