Cooley v. County of Calaveras

Citations

• 121 Cal. 482
• 53 P. 1075
• 1898 Cal. LEXIS 936

Syllabus

<p>Appeal — Conclusiveness of Findings—Agreed Statement of Facts.— . Where the cause was submitted to the decision of the trial court upon an agreed statement of facts, but the agreed statement is not set out in the record, the findings made by the court are conclusive.</p> <p>Fees of Justice of Peace—Settlement with County Under Act of 1895 —Claims Under County Government Act.—A settlement by a justice of the peace with a county for his fees in criminal cases, pursuant to the act of March 28, 1895, and prior to the decision of the supreme court declaring that act unconstitutional, cannot be revoked, and a claim for such fees cannot be subsequently allowed by the board of supervisors under the County Government Act, merely crediting thereupon the amount previously paid under the act of 1895.</p> <p>Id.—Understanding of Law at Date of Settlement Conclusive.—The understanding of the law at the time of the settlement of a contract, though erroneous, will govern the settlement, and the subsequent determination of the question of law by judicial decision to the contrary does not create such a mistake of law as courts will rectify, nor can it have a retroactive effect to overturn the settlement which was legal and valid when made.</p> <p>Id.—Entire Demand cannot be Split.—A party having an entire demand cannot split it up into separate causes of action; and this rule applies to claims against counties equally with those against individuals.</p>