Opinion
14410
January 8, 1937.
Before STOLL. J., Clarendon, September, 1935. Affirmed.
Petition by Richland Supply Company against Janie M. Wilson, as Treasurer of Clarendon County, for a writ of mandamus, wherein the Court of Common Pleas issued a rule requiring defendant to show cause why a writ of mandamus should not issue. From an order of the Court of Common Pleas adjudging defendant's return to the rule to show cause sufficient and dismissing the petition, plaintiff appeals.
Order of Judge Stoll follows:
This matter comes before me upon the verified petition and verified return of the respondent. After hearing the arguments of counsel for petitioner and respondent and after considering the facts, I find that the respondent's return is sufficient.
It appears that the school warrants held by the petitioner are validated by the county superintendent of education, treasurer and auditor of Clarendon County on the back of the claim, but that the warrants were not approved and ordered paid by the superintendent of education. Petitioner contends that this validating of the claim by the three county officers complies with Section 5426 of the Code of Laws of South Carolina for the year 1932, and that this is sufficient authority for the county treasurer, respondent herein, to pay same, while the respondent claims that the claims are merely established as valid claims and must be approved for payment by the county superintendent of education in accordance with the provisions of Section 5382 of the Code of Laws of South Carolina for the year 1932. Applying the rule of construction laid down by our charts, these two sections of the Code should be constructed together. When thus construing the two sections, it appears to the Court that it would be necessary for petitioner's claims to be approved for payment by the county superintendent of education before entitled to payment by the county treasurer.
It further appears from the pleadings that there are no funds in the treasury of the county at this time applicable to the payment of petitioner's claim.
It is therefore ordered that the respondent's return to the rule to show cause be and the same hereby is, adjudged sufficient and the petition dismissed, with costs.
Mr. James H. Fowles, for appellant, cites: Mandamus: 153 S.C. 106; 149 S.E., 760; 67 S.E., 552; 38 C.J., 762,
Mr. J.G. Dinkins, for respondent, cites: Approval of warrants for payment: 153 S.C. 106; 148 S.E., 760; 67 S.E., 552. Mandamus: 43 S.C. 11; 51 S.C. 419; 64 S.C. 188; 153 S.C. 106; 171 S.C. 22; 172 S.C. 207; 187 S.E., 548; 80 S.C. 132.
January 8, 1937. The opinion of the Court was delivered by
Upon the petition of the appellant, the Court of Common Pleas for Clarendon County issued a rule requiring the respondent, as treasurer of Clarendon County, to show cause why a writ of mandamus should not issue compelling her, as such county treasurer, to pay a certain judgment from money belonging to School District No. 35 in Clarendon County.
The respondent made return to the effect that the judgment referred to was based upon certain school warrants issued by the trustees of Gable School District, but that the warrants had never been signed and approved by the county superintendent of education, without which signing and approval she was without authority in law to pay them. Further that she is informed that such warrants were not approved by the superintendent of education because when the warrants were presented for payment there were not sufficient funds available for the purpose. Further, the return states, that respondent is without funds at this time with which to pay petitioner's claims.
At the hearing upon the return to the rule, there was put in evidence, in addition to the verified petition and return to the rule, judgment roll No. 7543 of the case of Richland Supply Company v. Gable School District No. 35 of Clarendon County, and E.D. Player and N.R. Cousar, as trustees, which judgment was based on three warrants, which are in the judgment roll, on each of which appears the following indorsement: "Approved as a valid and binding claim against Gable School District No. 35, Clarendon County, to be paid when funds are available." This indorsement is signed by the county superintendent of education, the county treasurer, and county auditor.
The appellant contends that this indorsement is sufficient authority for the county treasurer to pay the claims. The respondent contends that this indorsement merely validates the claims, but that before she can pay them, they must be approved for payment and ordered paid by the county superintendent of education.
The order of Judge Stoll, which disposes of the matter, meets the approval of this Court and is affirmed.
MR. CHIEF JUSTICE STABLER and MESSRS. JUSTICES CARTER, BAKER and FISHBURNE, concur.