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· 7/1/1857

People ex rel. Benham v. Williams

Citations

  • 8 Cal. 97
  • 1857 Cal. LEXIS 305

Syllabus

<p>The act authorizing the county recorder of Tuba county to be paid out of the county treasury, for certain specified services, contains no words which raise the presumption that he was to be allowed a preference over other creditors.</p> <p>Every appropriation, in the contemplation of Law, is to be paid in money.</p> <p>Though the Legislature can make such disposition of accruing revenue as it deems proper, a construction of a statute which would impair the rights of third parties will always be unwillingly adopted, in the absence of express words to that effect.</p>

Judges: Burnett, Murray

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