Price v. County of Sacramento
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. This was an action on a contract between the plaintiffs, Drs. Price and Proctor, and the County of Sacramento, for the care of, and medical attendance on the indigent sick of the county.
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Appeal from the District Court of the Sixth Judicial District. This was an action on a contract between the plaintiffs, Drs. Price and Proctor, and the County of Sacramento, for the care of, and medical attendance on the indigent sick of the county. The complaint sets forth the contract executed on the part of the county by a commissioner appointed by the supervisors, in which the compensation is fixed, and alleges full performance by the plaintiffs of all its terms and conditions, on their part to be kept and performed, and presentation of their demand to the board of supervisors, and its…
1Opinion of the CourtChief Justice Murray
Mr. Justice Terry concurred.
The Court below non-suited the plaintiffs on the ground that they had mistaken their remedy, and should have proceeded by mandamus, instead of bringing an action of assumpsit against the county.
In arriving at this conclusion, the Court has resorted to a species of argumentation doubtless conclusive to itself, but perfectly unintelligible to us, as it defies all rules of logical analysis.
Counties are quasi corporations, and the power to sue and to be sued is given in general terms by “ an Act prescribing the manner of commencing and maintaining suits by or against…
2Cited by7 opinions
- Hoyt v. Board of Civil Service CommissionersCalifornia Supreme Court · 1942
- Comm'rs of Leavenworth Co. v. BrewerSupreme Court of Kansas · 1872
- County of Colusa v. County of GlennCalifornia Supreme Court · 1897
- People ex rel. Hunt v. Board of SupervisorsCalifornia Supreme Court · 1865
- Nickeus v. Lewis CountyWashington Supreme Court · 1900
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