McDonald v. Bird

Citations

• 18 Cal. 195

Syllabus

<p>Warrants drawn by tlio Auditor of Sacramento county on the Treasurer thereof, and duly registered, and endorsed “ not paid for want of funds,” August 12th, 1853, come within the preferred claims provided for in that clause of the thirty-sixth section of the Consolidation Act of 1858, 279, which says, in distributing the revenue, “ and the balance to a General Bund, which shall be applied to the payment of the outstanding Auditor’s warrants lawfully drawn on the treasury, and payable in the order of them registry.”</p> <p>Even if these warrants might have been funded under the Act of 1858, it was a privilege, and not an obligation on the part of the holder, to fund; and his declining to fund did not take Ms warrants out of section thirty-six of the Act of 1858.</p> <p>McDonald v. Maddux ('ll Cal. 188J does not touch tl3s case.</p>