El Dorado County v. Elstner
California Supreme Court
• Appeal from the Eleventh District. Suit against Elstner, late Tax Collector of El Dorado county, Bell, the Treasurer, and 0. Merrill, to cancel a certain warrant drawn by the Auditor of the county upon the then Treasurer, and now held by Merrill.
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• Appeal from the Eleventh District. Suit against Elstner, late Tax Collector of El Dorado county, Bell, the Treasurer, and 0. Merrill, to cancel a certain warrant drawn by the Auditor of the county upon the then Treasurer, and now held by Merrill. The complaint avers, in substance,. that Elstner; as Tax Collector of the county, presented to the Board of Supervisors thereof, for their examination.and allowance, an account or claim against the county, as follows: El Dorado County ' To M. R. Elstner, Tax Collector, Dr. For per diem during the period of collecting State and County Taxes on…
1Opinion of the Court
Cope, J. delivered the following opinion:
This is an action to cancel a warrant drawn by the Auditor upon the Treasurer of El Dorado county, and to enjoin its collection. The warrant is payable to the defendant Elstner, and purports to have been drawn in consideration of services rendered by him as Tax Collector of the county. The claim for these services had been presented to and allowed by the Board of Supervisors, but it is alleged that the account rende, ed embraced services which had never been performed. The account was made out and verified as required by the statute, and it is averred…
2Cases cited2 opinions
- Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
- Riddle v. BakerCalifornia Supreme Court · 1859
3Cited by10 opinions
- Nider v. City CommissionCalifornia Court of Appeal · 1939
- Nider v. HomanCalifornia Court of Appeal · 1939
- Beeney v. IrwinColorado Court of Appeals · 1895
- Carbon County v. DraperMontana Supreme Court · 1929
- Bank of California v. ShaberCalifornia Supreme Court · 1880
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