Alden v. County of Alameda
California Supreme Court
Appeal from the District Court of the Third Judicial District, Alameda County. This was an action commenced on July 9th, 1869, to recover from the County of Alameda the sum of three thousand four hundred and one dollars and eighty-six cents, with interest thereon from June 2d, 1865. The complaint counted on four judgments recovered against the defendant on the last named day, in the County Court of said county, under section fourteen of “An Act concerning roads and highways…
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Appeal from the District Court of the Third Judicial District, Alameda County. This was an action commenced on July 9th, 1869, to recover from the County of Alameda the sum of three thousand four hundred and one dollars and eighty-six cents, with interest thereon from June 2d, 1865. The complaint counted on four judgments recovered against the defendant on the last named day, in the County Court of said county, under section fourteen of “An Act concerning roads and highways in the County of Alameda,” approved March 24th, 1862. (Stats. 1862, p. 81.) There was an allegation that the judgments…
1Opinion of the Court
By the Court,
Crockett, J.:
The only question on this appeal is whether an action can be maintained on a money judgment against a county in this State, there being no averment that the judgment had been presented to the Board of Supervisors for allowance as a claim against the county before the commencement of the action. -The judgment itself has the force and effect of an audited claim against the county. It is conclusive evidence that the county owes the money for which the judgment was rendered. The Board of Supervisors has no discretion to exercise in respect to the justice or legality of…
2Cited by18 opinions
- Brill v. County of Los AngelesCalifornia Supreme Court · 1940
- Farmers & Merchs.' Bank of L.A. v. City of Los AngelesCalifornia Supreme Court · 1907
- Barber v. MulfordCalifornia Supreme Court · 1897
- State Ex Rel. Humboldt County v. BlossomNevada Supreme Court · 1894
- Stoddard v. BentonSupreme Court of Colorado · 1883
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