43 So. 2d 163 - State v. Cooper’s Empirical Analysis
1949
Citation profile
1
cited by 1 later decisions
1
states following
June 1971
most recently cited
1 state decisions
Relationships
Relies on State ex rel. Ascension Red Cypress Co. v. New River Drainage Dist. · State v. City of Alexandria
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In order to maintain a writ of mandamus, it must be established that funds are available with which to pay the claim * * * There is no doubt from the testimony that on April 21, 1949, the date of the trial, there were no funds at all from which the payment of relators’ claims could be made. Relators contend that the transfer of these funds was illegal as the respondents had full notice of and had been served with the alternative writ of mandamus on the first day of July, 1948. We cannot see any merit in this contention, for there was nothing in the order of the Court prohibiting the transfer of these funds or ordering same not to be done or injoining the transfer of the funds or a sufficient amount to cover the claims of relators and, therefore, under the terms of Act No. 66 of 1946 (the General Appropriations Act) it specifically provided that all appropriated surplus at the end of the bi-annum should be paid into the State Treasury to the account of the State General Fund. * * * Relators suit must be dismissed by reason of the fact there were no funds available on the date of the trial to pay rela-tors’ claims, and a favorable judgment to the relators would be to no avail and a vain and useless thing.””
1 later decision quote this exact passage““As a matter of fact, the board of commissioners had no funds with which to pay the judgment, at the time the suit was tried. It appears that there were surplus funds sufficient to pay the judgment, when the suit was filed, but the funds had been expended when the suit was tried.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.