Bangs v. Dunn
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. Application for a mandamus to compel the auditor of the city and county of San Francisco to audit, allow, and approve certain demands held by petitioner, and to draw his warrant for the amount.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco. Application for a mandamus to compel the auditor of the city and county of San Francisco to audit, allow, and approve certain demands held by petitioner, and to draw his warrant for the amount. Various persons, deputies and copyists in the office of the county clerk of the city and county of San Francisco, previous to the month of July, 1881, assigned to Stuart, the county clerk, their several demands upon the treasury, for services to be rendered during that month. These demands were assigned by Stuart to…
1Opinion of the CourtMcKinstry, J.
The respondents have not appeared, nor filed any points in this court.
1. Appellant contends that the English rule, which holds that an assignment by an official of his salary before it becomes due is contrary to public policy and void, has no application in the condition of things in this country. It was so held in State Bank v. Hastings, 15 Wis. 78. On the other hand, it was decided by the court of appeals of Hew York, that such an assignment was against public policy and void. (Bliss v. Lawrence, 58 H. Y. 442.) We think the conclusion of the Hew York court is sustained by the more…
2Cases cited1 opinion
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
3Cited by22 opinions
- People ex rel. Attorney-General v. ReisCalifornia Supreme Court · 1888
- Walker v. RichCalifornia Court of Appeal · 1926
- Bowery National Bank v. WilsonNew York Court of Appeals · 1890
- Holt v. ThurmanCourt of Appeals of Kentucky · 1901
- Fischer v. Liberty Nat. Bank & Trust Co.Court of Appeals for the Second Circuit · 1932
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