Higby v. Calavers County

Citations

• 18 Cal. 176

Syllabus

<p>UKtoEB the statute giving a District Attorney a commission on money collected by him for the county, it is immaterial whether he recovers the money by action of debt or proceeds by mandamus to procure a warrant which is obtained and subsequently converted into money by the county. In either case he is entitled to his commission.</p> <p>The claim of a District Attorney for his commission on debts recovered for the county comes within that clause of sec. 17 of the Limitation Act of 1850, which bars “ an action upon a liability created by statute, other than a penalty or forfeiture,” in three years. Such claim is exclusively the creature of the statute.</p>