Herzo v. City of San Francisco

Citations

• 33 Cal. 134

Syllabus

<p>Action to recover back Purchase Money.—If a purchaser of property from a municipal corporation acquires neither title nor possession from the corporation by the attempted sale, but the sale is void, he is not required to convey or transfer either the property or the possession to the corporation, before the commencement of an action to recover back the purchase money.</p> <p>Power of Municipal Corporation.—A municipal corporation is the creature of the statute, invested with such power only as is conferred by the statute.</p> <p>Idem.—A municipal corporation has no power to receive money, unless authorized to do so by its charter.</p> <p>Liability of Municipal Corporation.—If the officers of a municipal corporation receive into its treasury money obtained from a sale of the property of the city, which sale is void for want of power in the corporation to make it, the purchaser cannot recover the money back from the city.</p> <p>Idem.—In such case, if the city had no power to make the sale she has no power to ‘receive the money, and the act of its officers in placing the money in the •treasury is not the act of the city, but the unauthorized act of its agents, who alone are liable for the money.</p> <p>Idem.—If, in such case, the city, after the money is in its treasury, appropriates it to municipal purposes, the appropriation makes it liable, provided it is made by valid ordinances; but if an appropriation is made by virtue of ordinances which are void, because not passed in accordance with the charter, the city -is not liable for the money, even if it is applied by the officers to pay city debts and expenses.</p> <p>Idem.—If the ordinance under which the Treasurer of a municipal corporation pays out money is void, the payment by the Treasurer is not an appropriation of the money by the city.</p> <p>Ordinance of Municipal Corporation.—A clause in the charter of a municipal corporation having two Boards of Aldermen, which requires an ordinance that has passed one B