Hornblower v. Duden
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. This was an action to procure the mandate-of the Court below to compel the defendant, who was the Auditor of El Dorado County, to issue an order on the County Treasurer for the amount of the plaintiff’s account, which had been first allowed by the Board of Supervisors, then rejected by the defendant as Auditor, and thereafter allowed again by the unanimous vote of the Board.
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Appeal from the District Court, Eleventh Judicial District, El Dorado County. This was an action to procure the mandate-of the Court below to compel the defendant, who was the Auditor of El Dorado County, to issue an order on the County Treasurer for the amount of the plaintiff’s account, which had been first allowed by the Board of Supervisors, then rejected by the defendant as Auditor, and thereafter allowed again by the unanimous vote of the Board. The defendant thereupon again refused to issue said order. The further facts were as follows: An election was held for Directors of the…
1Opinion of the Court
By the Court, Sanderson, J.:
The ultimate question involved in this case is whether the plaintiff’s claim is a legal charge against the county. On the part of the appellant it is insisted that it is not—first, because the services for which the claim is made were rendered in a matter in which the county had no interest, and in respect to which, therefore, the Board of Supervisors had no power to' take any action whatever; and second, because if the matter in respect to which the services were rendered was a matter in which the county was interested, and in which, therefore, the Board had power…
2Cases cited1 opinion
- Smith v. Mayor & Common Council of Sacramento CityCalifornia Supreme Court · 1859
3Cited by29 opinions
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- Lassen County v. ShinnCalifornia Supreme Court · 1891
- Clough & Wheat v. HartSupreme Court of Kansas · 1871
- San Bernardino Fire & Police Protective League v. City of San BernardinoCalifornia Court of Appeal · 1962
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