Boyne v. Ryan

Citations

• 100 Cal. 265
• 34 P. 707
• 1893 Cal. LEXIS 782

Syllabus

<p>County Government Act—Action fob Money Illegally Paid—Discretion of District Attorney—Mandamus.—Under section 8 of the County Government Act, which empowers the district attorney of a county and makes it his duty to institute suit in the name of the county against any person or persons to whom money has been actually paid under order of the board of supervisors without authority of law, to recover the money so paid and damages for its use, the district attorney is vested with a discretion in determining whether or not, in a particular instance, he should bring an action under that section, which a court cannot control by mandamus.</p> <p>Id.—Fruitless Action of Court—No Power to Supervise Action of District Attorney.—A court will not do a vain or fruitless thing, or undertake by mandamus what cannot be accomplished; and to compel a district attorney against his will and contrary to his judgment merely to commence an action would be an idle thing, in the absence of power to compel Mm to prosecute it properly to final determination.</p>