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· 11/24/1897

Carter v. Tilghman

Citations

  • 119 Cal. 104
  • 51 P. 34
  • 1897 Cal. LEXIS 860

Syllabus

<p>Irrigation District—Wright Act—Special Tax—Segregation into Separate Funds.—Under the provisions of the Wright act, a lump sum of money raised by an irrigation district by a special tax, in pursuance of an authorization given by the qualified electors, which directed it to be raised for certain specified purposes, is all equally applicable to the payment of indebtedness incurred for any of such purposes, and the directors of the district have no power to segregate it into several funds corresponding to the purposes specified, so as to limit the right of payment of a legitimate indebtedness to the amount by them directed td be placed to the credit of a particular fund.</p> <p>Id.—Form of Warrant.—The fact that a warrant issued by the district, for a legitimate indebtedness incurred for one of such purposes; contained a direction that the amount paid thereon should be charged against- a particular fund, did. not limit the -right of the holder to payment from any funds in the hands of the treasurer applicable thereto.</p> <p>Id.—Indebtedness Incurred Prior to Tax.—It is no objection to the payment of the warrant that it was issued prior to the time when the particular money was raised by such special tax.</p>

Judges: Garoutte

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