Higby v. Calavers County
California Supreme Court
Appeal from the Sixteenth District. Plaintiff, as District Attorney of Calaveras county, February 13th, 1856, obtained in the District Court a writ of mandamus against James C. Shipman, Auditor of Amador county, commanding him to issue his warrant, upon the Treasurer of Amador county in favor of the Treasurer of Calaveras county, for the sum of $26,517.32, afid deliver the same to the Treasurer of Calaveras county.
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Appeal from the Sixteenth District. Plaintiff, as District Attorney of Calaveras county, February 13th, 1856, obtained in the District Court a writ of mandamus against James C. Shipman, Auditor of Amador county, commanding him to issue his warrant, upon the Treasurer of Amador county in favor of the Treasurer of Calaveras county, for the sum of $26,517.32, afid deliver the same to the Treasurer of Calaveras county. In compliance with the writ, the Auditor of Amador county, on the eighteenth of February, 1856, issued the warrant and delivered the same to the Treasurer of Calaveras county. The…
1Opinion of the CourtBaldwin, J.
Cope, J. and Field, C. J. concurring.
This suit was brought by the plaintiff to recover a sum of money alleged to be due by the county to the plaintiff, as a commission allowed by law for the collection of a debt of the county by legal proceedings. It seems that the proceeding adopted was a writ of mandamus to the Auditor of Amador, under which proceeding judgment was had for the relator, the warrant issued, and afterwards disposed of by the county of Calaveras, and a sum of money realized from the sale.
It is not denied that the District Attorney is entitled to a commission on claims or…
2Cited by13 opinions
- Gardner v. Basich Bros. Construction Co.California Supreme Court · 1955
- Santa Cruz County v. McKnightArizona Supreme Court · 1918
- Land v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- State v. Baker CountyOregon Supreme Court · 1893
- People v. WilsonCalifornia Court of Appeal · 1966
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