McKee v. Monterey County
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Monterey. On the 4th day of September, 1871, the defendant was elected treasurer of Monterey County, and entered on the discharge of the duties of his office on the first Monday in March, 1872. During his term of office he made several settlements with the Controller of State, at the times he paid to the State its proportion of the public money, and, at each of these settlements, he was allowed by the…
Read the full summary
Appeal from the District Court, Twentieth Judicial District, County of Monterey. On the 4th day of September, 1871, the defendant was elected treasurer of Monterey County, and entered on the discharge of the duties of his office on the first Monday in March, 1872. During his term of office he made several settlements with the Controller of State, at the times he paid to the State its proportion of the public money, and, at each of these settlements, he was allowed by the Controller certain sums as his own commissions on the money, and as commissions of the county auditor and the county…
1Opinion of the Court
By the Court:
1. The appellant, as treasurer of Monterey County, was entitled to a salary of eighteen hundred dollars (Acts 1869-70, p. 167, Sec. 17), and to no other compensation. (Id. Sec. 91.)
*2772. The appellant having, as treasurer of Monterey County, received certain moneys by the allowance of the Controller of State upon settlement had with that officer, it became his duty to hold such moneys as other public funds in the treasury of the county, and to turn them over to his successor in office. He cannot now be permitted to question the correctness of the action of the Controller, through…
2Cases cited1 opinion
- Placer County v. AstinCalifornia Supreme Court · 1857
3Cited by8 opinions
- Board of County Commissioners v. DickeySupreme Court of Minnesota · 1902
- Tyson v. ReineckeCalifornia Court of Appeal · 1914
- County of Kern v. FayCalifornia Supreme Court · 1901
- People ex rel. Dunn v. BunkerCalifornia Supreme Court · 1886
- County of San Diego v. CroghanCalifornia Court of Appeal · 1934
3 more not listed; retrieve them via the Exa API.