County of Monterey v. McKee
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Monterey. The defendant McKee had been treasurer of the county of Monterey, and an action was commenced on his official bond for an alleged delinquency in office. An attachment was issued in the action, and a motion was made before the county judge of Monterey County to dissolve the same. The judge granted the motion, and the plaintiff appealed.
1Opinion of the Court
By the Court:
It is not necessary to decide whether the county judge had authority to hear or determine the motion to discharge the attachment, since, assuming he had jurisdiction, he determined it wrongly.
The official bond of the defendant as county treasurer was an obligation for the direct payment of money. (San Francisco v. Brader, 50 Cal. 506; Hathaway v. Davis, 83 Cal. 161.)
Order appealed from reversed.
2Cases cited2 opinions
- Jue Fook Sam v. LordCalifornia Supreme Court · 1890
- City & County of San Francisco v. BraderCalifornia Supreme Court · 1875
3Cited by3 opinions
- Ancient Order of Hibernians v. SparrowMontana Supreme Court · 1903
- Tyson v. ReineckeCalifornia Court of Appeal · 1914
- Rose v. PearmanCalifornia Court of Appeal · 1958