Laforge v. Magee
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Calaveras. This was a petition for a peremptory mandamus, directed to the defendant as county treasurer, to compel the payment of certain warrants on the county treasury, held by plaintiff. The petition avers that plaintiff’s warrants are prior in registry to any other outstanding warrants, or other unfunded indebtedness of the county.
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Appeal from the District Court of the Fifth Judicial District, County of Calaveras. This was a petition for a peremptory mandamus, directed to the defendant as county treasurer, to compel the payment of certain warrants on the county treasury, held by plaintiff. The petition avers that plaintiff’s warrants are prior in registry to any other outstanding warrants, or other unfunded indebtedness of the county. The answer admits the material allegations of the petition, but sets up in defence an order of the board of supervisors of the county, setting aside two-thirds of the revenue for payment…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The only important question involved in this case, is the power of the board of supervisors to set apart a portion of the revenue of the county, as a fund for current expenses.
In the absence of a statute on this subject, there is no doubt that the supervisors, as the fiscal agents of the county, might direct the disposition of its revenues. But the Act creating the office of county treasurer, provides that warrants drawn on the treasury shall be paid in the order of their registry; this amounts to…
2Cited by2 opinions
- Wilkinson v. Franklin CountyCourt of Appeals of Texas · 1936
- McDonald v. MadduxCalifornia Supreme Court · 1858