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Valley National Bank of Phoenix v. Battles

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eBook details

  • Title: Valley National Bank of Phoenix v. Battles
  • Author : Arizona Supreme Court
  • Release Date : January 24, 1945
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

With these two established principles before the auditor it would seem at first flush that she should not have questioned the propriety of issuing the warrants in the case at bar, but, with her usual zeal to protect the states monies, she declined to issue the warrants and is looking to this court for further guidance. Her uncertainty for authority to issue the warrants has its origin in the action of the legislature in adopting Chap. 86, S. L. 1943. This Act had for its purpose the repeal of specific continuing and recurring appropriations. The auditor questions whether Chap. 86 has not had the effect of repealing the continuing appropriations such as were held to exist in the Crawford case. The case of Hudson v. Brooks, 62 Ariz. 505, 158 P.2d 661, we think answers the auditors question in the negative. The implied continuing appropriation here is a special one resulting as a matter of law and obviously was not and could not be considered to be within the contemplation of the legislature when it repealed certain continuing appropriations covered by Chap. 86, supra, as we will more specifically point out.


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