Andrews v. Pratt

Citations

• 44 Cal. 309
• 1872 Cal. LEXIS 201

Syllabus

<p>Boards of Supervisors are Guardians of County Property.— Boards of Supervisors are the guardians of the property interests of their respective counties, and in that relation occupy a position of trust, and are bound to the same measure of good faith towards the county which is required of an ordinary trustee towards his cestui que trust, or an agent towards his principal.</p> <p>Pay of a Supervisor.—A Supervisor is not entitled to any remuneration, for services rendered the county as a Supervisor, except his per diem and mileage, as fixed by law.</p> <p>Idem.—If a Board of Supervisors sell the stock owned by the county in a railroad corporation, in pursuance of a law authorizing such Board to do so, its individual members are not entitled to any extra pay for the services thus rendered.</p> <p>Enjoining Payment of County Warrants.—A Court of equity, on the complaint of a taxpayer, will enjoin the payment of and cancel county warrants illegally drawn on the Treasurer by order of the Board of Supervisors.</p> <p>Certiorari to a Board of Supervisors.—Certiorari will not lie to set aside the proceedings of a Board of Supervisors, in allowing an illegal claim against the county.</p> <p>Parties Defendant in Equity.—Where several persons have been jointly concerned in a series of fraudulent acts, they may be united as defendants in a suit to annul the fraudulent acts, although the gains they realize by such acts are several.</p>