Laforge v. Magee
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Calaveras. This was an application for a mandamus, filed January 21st, 1856, to compel the defendant, County Treasurer of Calaveras County, to pay certain warrants belonging to plaintiff, and amounting to $19,002 87, being the bulk of the unfunded indebtedness of the county.
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Appeal from the District Court of the Fifth Judicial District, County of Calaveras. This was an application for a mandamus, filed January 21st, 1856, to compel the defendant, County Treasurer of Calaveras County, to pay certain warrants belonging to plaintiff, and amounting to $19,002 87, being the bulk of the unfunded indebtedness of the county. The complaint charges that the defendant has paid and is paying indebtedness incurred for the current expenses of the county, while he refuses payment of the scrip held by Laforge, issued for indebtedness previously incurred. The Court below, on…
1Opinion of the CourtChief Justice Murray
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
At the time when Laforge presented his warrants for payment, there being money in the treasury which had been appropriated under a previous and existing law for that purpose, his right became fixed and could not be destroyed by subsequent legislative enactment. It was the duty of the treasurer to pay the warrants at the time of their pre*651sentation, and the subsequent Act of the Legislature could not intervene to divest rights already acquired. In other words, had the treasurer paid the money at the time it was his duty to do so, there…
2Cited by3 opinions
- Southern Service Co. v. County of Los AngelesCalifornia Supreme Court · 1940
- Schmidt v. WidberCalifornia Supreme Court · 1894
- Humboldt County v. County CommissionersNevada Supreme Court · 1870