Carroll v. Siebenthaler

Citations

• 37 Cal. 193

Syllabus

<p>Salary op an Office.—The salary of an office is incident to its title, and not to its occupation, and one elected to an office who has qualified and is ready to perform its duties, is entitled to its salary, oven if it is occupied by an intruder.</p> <p>Payment of Salary of Office.—A salary of an office which is fixed at a monthly rate, becomes due and payable monthly.</p> <p>Idem.—The occupation, of an office by an intruder does not have the effect of deferring the time of payment of the salary until the intruder is ousted.</p> <p>Claim against County.—The Board of Supervisors of a county have no authority to allow an unaudited claim against a county, except it be done within one year after the claim shall accrue and become due.</p> <p>Auditor not to Draw Warrant for Illegal Claim.—If the Board of Supervisors allow a claim against a county more than one year after it falls due, its action is void, and the Auditor should refuse to draw his warrant for the same.</p>