Linden v. Case

Citations

• 46 Cal. 171
• 1873 Cal. LEXIS 154

Syllabus

<p>Unauthorized Order of Supervisors. — No order made by a Board of Supervisors is valid or binding unless it is authorized by law.</p> <p>Claims Against a County. — No claim against a county can be allowed unless it be legally chargeable to the county; and if claims not legally chargeable to the county are allowed, neither the allowance nor the warrants drawn therefor create any legal liabilities.</p> <p>Idem — Duty of Auditor and Treasurer. — If illegal claims are allowed by a Board of Supervisors against the county, it is the duty of the Auditor to refuse to draw warrants therefor ; and when the warrants are drawn it is the duty of the Treasurer to refuse to pay them.</p> <p>Injunction to Restrain Illegal Liabilities. — An injunction will not be granted to restrain a Board of Supervisors from incurring liabilities which are not a legal charge against the county.</p>