San Luis Obispo County v. Darke
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County. The aetion was brought to recover certain fees received by the defendant Darke, as recorder of San Luis Obispo County, from the 1st of January, 1883, to the 1st of January, 1885. Judgment was rendered in favor of the defendants, from which the plaintiff appealed. The further facts are stated in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
This action is against F. E. Darke, and the sureties on his official bond, to recover the fees collected and retained by him as county recorder. Darke was the recorder of San Luis Obispo County from January 1, 1883, to January 1, 1885. Prior to the year 1881 the offices of county clerk, recorder, and auditor of San Luis Obispo County were held by the same person. Since 1881 each of the three offices has been legally held by a different person. By the act of March 31, 1876, Stats. 1875-76, p. 608, it was provided that the “county clerk” should receive a certain annual salary as his only…
2Cases cited1 opinion
- Kinsey v. KelloggCalifornia Supreme Court · 1884
3Cited by4 opinions
- Vail v. San Diego CountyCalifornia Supreme Court · 1899
- Johnson v. GunnCalifornia Supreme Court · 1906
- Tout v. BlairCalifornia Court of Appeal · 1906
- State Ex Rel. Cutting v. LaGraveNevada Supreme Court · 1896