County of Modoc v. Madden

Citations

• 120 Cal. 555
• 52 P. 812
• 1898 Cal. LEXIS 808

Syllabus

<p>County—General Fund—Excessive Transfer to Salary Fund—Manda-. . mus.—Under section 220 of the County Government Act of 1893, the county treasurer has only power to transfer from the general fund to the salary fund such an amount of money as was required to pay all salaries due or to become due at the end of the month in which , the transfer was made. If he transfers more, the surplus still belongs to the general fund, and it is his official duty to retransfer the same to that fund without any order. Upon failure so to do, the board of supervisors, under the jurisdiction and power conferred . upon it to “supervise the official conduct of all county officers,” , . by section 25, subdivision 1, of the County Government Act, was authorized to pass an order requiring him to do so, and upon his refusal, to proceed against him by writ of mandate.</p>