Keller v. Hyde

Citations

• 20 Cal. 593
• 1862 Cal. LEXIS 79

Syllabus

<p>Under the Act of 1850, concerning the office of County Treasurer, and that of 1857, concerning county warrants, a County Treasurer is not required to pay all warrants which the County Auditor may draw upon him, but only such as are founded on an order made by the Board of Supervisors for payment of a demand legally chargeable against the county and allowed by the Board.</p> <p>Where a writ of mandamus is asked against a County Treasurer, to compel him to pay a warrant drawn upon him by the Auditor, the Treasurer may show in defense that the warrant is founded upon a demand not legally chargeable against the County, and upon such showing the writ will be refused.</p> <p>A demand for printing the delinquent tax list, under a contract made with the Board of Supervisors, is not a demand legally .chargeable against the County, by reason of a want of authority in the Board to make the contract.</p>