People ex rel. Dorsey v. Smyth
California Supreme Court
Application to the Supreme Court for writ of mandate to compel the defendant, County Auditor of Tuolumne County, to audit and allow the salary of the relator as District Attorney of said county. The affidavit of the sureties on the official bond of the relator states that they “are each and severally worth the amount for which they have become sureties in the above bond over and above all their just debts and liabilities.”
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Application to the Supreme Court for writ of mandate to compel the defendant, County Auditor of Tuolumne County, to audit and allow the salary of the relator as District Attorney of said county. The affidavit of the sureties on the official bond of the relator states that they “are each and severally worth the amount for which they have become sureties in the above bond over and above all their just debts and liabilities.” At the September election, in 1863, the relator, Caleb Dorsey, and one Hugh Gf. Platt were opposing candidates for the office of District Attorney of Tuolumne County. At…
1Opinion of the Court
By the Court,
Sanderson, C. J.
The question involved in this case is whether Brown, the old incumbent, or the relator is entitled to the salary for the time during which the former held over. This question is wholly unaffected by the mandamus against the Board of Supervisors. The relator was not a party to that proceeding, nor had the Board any power over or duty to perform touching the salary of his office. The salary of District Attorneys is not audited and allowed by the Board of Supervisors but by the County Auditor. (Wood’s Digest, p. 664, Sec. 2, and *25p. 694, Sec. 9.) Admitting that he…
2Cited by59 opinions
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- Bannerman v. BoyleCalifornia Supreme Court · 1911
- County of Madera v. GendronCalifornia Supreme Court · 1963
- State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
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