Day v. Callow

Citations

• 39 Cal. 593
• 1870 Cal. LEXIS 109

Syllabus

<p>Mandatos.—Mandamus is the proper remedy to compel a County Treasurer to satisfy warrants surrendered for redemption, as provided by law.</p> <p>Idem—Payment op Wavrants out op Special Fund.—A County Treasurer cannot he compelled by mandamus to pay on warrants, made payable out of a particular fund, more money than there is in that fund at the time the mandate issues, and a judgment which commands him to pay such warrants out of moneys that may thereafter come into the fund, is erroneous.</p> <p>Wabuants on County Tbeasuby..—Evidence op Payment__The entry of the satisfaction of warrants, made under the loose provisions of the Act of April 4, 1864, in relation to the Board of Supervisors of Butte County, is entitled to no more weight than oral testimony.</p> <p>Appeal—An appeal from “all the orders and rulings occurring on the trial, and excepted to” by the party appealing, is not an appeal from an order granting or refusing a new trial.</p>