County of San Luis Obispo v. Farnum

Citations

• 108 Cal. 562
• 41 P. 445
• 1895 Cal. LEXIS 891

Syllabus

<p>¡Public Officers—Auditor—License Collector— Sureties.—It is no part of the official duties of a county auditor to receive from the license tax-collector money collected by him for license taxes due the county; and, if he does so, and fails to account therefor to the county treasurer, the sureties on his official bond, conditioned for the faithful performance by him of all “ official duties required of him by law,” are not liable for the ■defalcation.</p> <p>Id.—Official Doty to Account for County Moneys.—Section 16 of article XI of the constitution, to the effect that all moneys belonging to or collected for the use of the county coming into the hands of any officer thereof shall be immediately deposited with the treasurer, does not make the obligation of the auditor to pay such money to the treasurer an “official duty,” within the meaning of such bond. The constitutional provision only relates to those officers who rightfully or officially receive money for the county.</p> <p>Id.—Money Had and Received.—The money so received by the auditor belongs to the county, and may be recovered by it in an action against him for money had and received.</p>