People ex rel. Dunn v. Van Ness

Citations

• 76 Cal. 121
• 18 P. 139
• 1888 Cal. LEXIS 836

Syllabus

<p>Public Officer—Immigration Commissioner—Liability to State for Fees Collected. —Under section 2955 of the Political Code, the commissioner of immigration is required to pay into the state treasury all the fees collected by him, less four thousand dollars a year and office expenses, which payments are to be used by the state for the maintenance of lepers’ Quarters when.required for that purpose.</p> <p>Id.—Action by State to Recover eor Fees—Statute oe Limitations.— A cause of action to recover for fees unlawfully retained by the commissioner accrued in favor of the state upon the expiration of his term of office, without any demand being made therefor, and under section 338, subdivision 1, of the Code of Civil Procedure, became barred by the statute of limitations after the lapse of three years.</p> <p>Id. —Demand by Controller eor Accounting. — A demand made by the controller on the commissioner, under section 437 of the Political Code, for an accounting for the fees collected by him, does not create a new cause of action in favor of the state.</p>