County of Modoc v. Spencer

Citations

• 103 Cal. 498
• 37 P. 483
• 1894 Cal. LEXIS 808

Syllabus

<p>Boards of Supervisors—Statutory Powers.—Boards of supervisors are creatures of the statute, and the authority for any act on their part must be sought in the statute.</p> <p>Id.—Employment of Counsel in Criminal Cases—County Government Act.—Under the County Government Act, boards of supervisors have no power to employ counsel on behalf of the county to prosecute or assist in the prosecution of criminal cases, prosecuted in the name, and on behalf of, the people of the state.</p> <p>Id.—Allowance of Illegal Claim.—The allowance by the board of supervisors to attorneys for assisting in the prosecution of criminal cases is void, and creates no legal claim against the county.</p> <p>Id.—Action to Restrain Payment of Warrant—Parties.—The county may maintain an action to restrain the collection of a warrant on the treasurer, drawn by the supervisors in payment for legal services rendered in assistance of the district attorney in the prosecution of criminal cases, and while the attorneys are not necessary parties they are proper parties to such action.</p>