People ex rel. Smith v. Lattimore

Citations

• 19 Cal. 365

Syllabus

<p>The Controller of State is entrusted with the duty of malting settlements with the County Treasurers for the moneys received by them and belonging to the State, and where that officer has settled with a County Treasurer and allowed him his commissions, the District Attorney of the county has no arbitrary power to disturb the settlement, at least without some special showing of facts. If the State is satisfied with the settlement, the District Attorney should be.</p> <p>Where the Controller of State made a settlement with a County Treasurer and allowed him his commissions, which settlement has been acquiesced in for several years, the State cannot, in the absence of fraud or clear mistake, set aside the settlement and hold the Treasurer to a resettlement.</p> <p>The question whether a District Attorney, without authority from the State or its officers, has power to bring suit in the name of the People on his relation, for money claimed to be due the State and county from a County Treasurer for commissions allowed him in his settlement with the Controller of State, raised but not decided.</p>