Legal Opinion

Keller v. Hyde

California Supreme Court

Decided July 1, 1862PublishedCited by 8 opinions

Appeal from the Tenth Judicial District. Application for mandamus to compel the County Treasurer of Yuba county to pay certain warrants drawn upon him, by the County Auditor. The facts are stated in the opinion. See also Randall v. Yuba County, (14 Cal. 219) in which one employed by the Tax Collector recovered against the county for printing the same tax list referred to in the opinion in this case. The writ was refused by the District Court, and the petitioner appeals.

1Opinion of the CourtNorton, J.

By section six of the Act concerning the Office of County Treasurer, it is made the duty of the County Treasurer to receive all monies due and accruing to the county, and to pay and disburse the same on the warrant of the County Auditor, founded on the orders made by the Court of Sessions. By the Act of 1857 the County Auditor is authorized to draw warrants for all claims and demands legally chargeable against the county, which are allowed by the Board of Supervisors. The effect of these provisions is to make it the duty of the County Treasurer to apply the money of the county in payment of…

2Cases cited2 opinions

  1. El Dorado County v. ElstnerCalifornia Supreme Court · 1861
  2. Randall & Co. v. Yuba CountyCalifornia Supreme Court · 1859

3Cited by8 opinions

  1. School District Number Two v. LambertOregon Supreme Court · 1895
  2. Fisk v. CuthbertMontana Supreme Court · 1877
  3. Hlebanja v. BreweSouth Dakota Supreme Court · 1931
  4. Jacks v. TaylorCalifornia Court of Appeal · 1914
  5. Keller v. HicksCalifornia Supreme Court · 1863

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