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AGO Opinions with Topic: PERSONAL LIABILITY OF COUNTY AUDITOR FOR ISSUANCE OF SUCH WARRANT
AGO 1952 No. 228 >  January 25, 1952
REFUSAL OF COUNTY AUDITOR TO ISSUE WARRANT ON EXPENSE VOUCHER SIMILAR TO PREVIOUS ONES HELD INVALID BY STATE EXAMINERS - DUTY OF COUNTY AUDITOR TO ISSUE WARRANTS ON VOUCHERS APPROVED BY COUNTY COMMISSIONERS - PERSONAL LIABILITY OF COUNTY AUDITOR FOR ISSUANCE OF SUCH WARRANT
REFUSAL OF COUNTY AUDITOR TO ISSUE WARRANT ON EXPENSE VOUCHER SIMILAR TO PREVIOUS ONES HELD INVALID BY STATE EXAMINERS -- DUTY OF COUNTY AUDITOR TO ISSUE WARRANTS ON VOUCHERS APPROVED BY COUNTY...
While ordinarily a county auditor should issue a warrant to pay a claim which is allowed and ordered paid by the county commissioners, yet where the auditor honestly believes that the county commissioners have exceeded their power or that the expenditure is fraudulent, he may refuse to issue the warrant and, if necessary, litigate the question.  An auditor may be held civilly liable for issuance of warrants when such issuance constitutes misfeasance, malfeasance or non-feasance [[nonfeasance]].
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