Johnson v. County of Yuba

Citations

• 103 Cal. 538
• 37 P. 528
• 1894 Cal. LEXIS 820

Syllabus

<p>Elections—Publication of List of Nominations by County Clerk.— The publication of the list of nominations provided for in section 1194 of the Political Code is a part of the county advertising, and the cost of it is a county charge.</p> <p>Id.—Publication of General Lists—Separate Lists—Township Offices —Construction of Code.—Section 1194 of the Political Code, reasonably construed, contemplates only the publication of one general list of all nominations upon which the people of the county will be called to exercise their choice, and not a copy fac simile of the official ballot, nor the publication of separate lists of the nominations, each complete in itself for each of the political subdivisions of the county having offices to fill; each list containing, besides the names of those nominated for state and county offices, only the names of the district or township nominees in the county, to be voted for in a particular district or township; and the proprietor of a newspaper cannot recover for the printing of such separate lists.</p> <p>Id.—Action For County Advertising—Demurrer to Complaint— Money in Treasury—Limit of County Liability—Defense.—In an action to recover for county advertising for publication of the lists of nominations, it is not a ground of demurrer that it is not alleged that there was money in the county treasury to meet the demand, nor that the allowance of the demand against the county would not exceed the limit of liability which the county was authorized to contract for the fiscal year, but such matter, if it exists, is purely matter of defense.</p>