County of San Joaquin v. Jones
California Supreme Court
Appeal from the Fifth District. Suit on the official bond of defendant, Jones, as County Treasurer of San Joaquin, for $2,966.78 retained by him as salary during his term of office, out of the county funds.
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Appeal from the Fifth District. Suit on the official bond of defendant, Jones, as County Treasurer of San Joaquin, for $2,966.78 retained by him as salary during his term of office, out of the county funds. At the general election of Sept. 2d, 1857, Jones was elected County Treasurer for the term of two years, commencing on the first Monday of October, 1857. On that day, (Oct. 5th) having first executed the bond sued on and taken the necessary oath, he entered upon the duties of the office, and continued to discharge them during the full term of two years. He was succeeded in office by Mark…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
The defendant retains a sum of money in his hands as County *330Treasurer of San Joaquin county, claiming that this sum is due to him as his salary, fixed by the Board of Supervisors, by order, as the compensation for this office. The order fixing this sum as salary was made by the board December 1st, 1856.
The main and only question necessasy to be decided is, whether the board had the power to fix this salary.
The general law allows the Treasurer a percentage on the sums received by him as compensation for official services. This board having only special powers given by…
2Cited by3 opinions
- County of Modoc v. SpencerCalifornia Supreme Court · 1894
- Lewis v. ColganCalifornia Supreme Court · 1897
- Shumate v. Board of County Com'rsPitkin County District Court · 1900