Legal Opinion

People ex rel. Raun & Plant v. Bd. of Supervisors of El Dorado Cty.

California Supreme Court

Decided July 1, 1858PublishedCited by 15 opinions

Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This is a proceeding to review hy certiorari the action of the Board of Supervisors of El Dorado County, in allowing the Auditor of that county seventy-five cents for each warrant issued by him from the first of October, 1855, to the nineteenth of January, 1857. The allowance was made on the affidavit of the Auditor that, in the discharge of the duties of his office, he had performed a…

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Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This is a proceeding to review hy certiorari the action of the Board of Supervisors of El Dorado County, in allowing the Auditor of that county seventy-five cents for each warrant issued by him from the first of October, 1855, to the nineteenth of January, 1857. The allowance was made on the affidavit of the Auditor that, in the discharge of the duties of his office, he had performed a large amount of service between those dates in the issuance and cancellation of warrants, for which he had received no…

1Opinion of the Court

Upon the facts in this case we make the following points :

1st. That the Board of Supervisors has allowed the account; that the same was a proper subject of adjudication by it, and its decision in the premises is final and conclusive.

2d. That at the time of the services for which said account was presented, there was no law requiring them to be performed by the Auditor; therefore that section 51 of the Fee Bill is not applicable to them. That the interests of the county required that they should be performed, and that it was competent for the Supervisors to have the same done; that to do this,…

2Cases cited1 opinion

  1. People v. SupervisorsCalifornia Supreme Court · 1857

3Cited by15 opinions

  1. Clark v. City of Des MoinesSupreme Court of Iowa · 1865
  2. Sutro v. PettitCalifornia Supreme Court · 1887
  3. Linden v. CaseCalifornia Supreme Court · 1873
  4. Commissioners of Leavenworth County v. KellerSupreme Court of Kansas · 1870
  5. Clark v. Polk CountySupreme Court of Iowa · 1865

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