People ex rel. Jacks v. Day

Field, C. J. and Cope, J. concurring.

This was an application to the Judge of the County Court of Mon terey, for a mandamus to compel the appellant, as County Treasurer, to transfer from the Current Expense Fund to the Sinking Fund, the sum of two thousand one hundred and sixty dollars, alleged to have been in the treasury on the first of July, 1859. To the petition the appellant filed his demurrer, which was overruled; and this order is assigned for error. The ground of the demurrer is, that the County Judge has no jurisdiction. It is argued that section nine of article six of the…