People v. Hamilton

Citations

• 103 Cal. 488
• 37 P. 627
• 1894 Cal. LEXIS 806

Syllabus

<p>County Clerk—Feb Bill of San Diego County—Constitutional Law —Statute in Force.—The fee bill of 1876, applicable to the count)' of San Diego so far as it provided for the fees to be paid to the clerk of the district court, and the deposit to be made with him at the commencement of each suit therein, etc., was a law relating to the judicial system of the state, and was not only kept in force by the constitution of 1879, but was made applicable to the courts organized thereunder by section 11 of article XXII of the constitution.</p> <p>Id.—Deposits With Clerk in His Official Capacity—Payment to Custodian.—Deposits received by the clerk in his official capacity and under color of his office, if not used in the payment of fees accruing in the cases in which they were deposited, or demanded by the depositors, should be paid over by the clerk to the proper custodian.</p> <p>Id.—Criminal Law—Omission of Clerk to Pay Moneys to Successor. Prior to January 5, 1891, there was no law making it the duty of the county clerk of San Diego county to pay over any public moneys in his hands, or any fees deposited with him, to his successor in office, and he cannot he prosecuted under section 424 of the Penal Code for the crime of omitting and refusing to pay over to his successor any public money alleged to have been received by him in his official capacity as county clerk.</p> <p>Id.—Failure to Pay Money to County Treasurer.—Under an information charging a county clerk with omission and refusal to pay over moneys to his successor, he cannot be convicted for failure to pay the moneys to the county treasurer.</p> <p>Id.—Res Adjudicata—Law of the Case.—A ruling by the appellate court upon a point distinctly made upon a previous appeal is, in all subsequent proceedings in the same case, a final adjudication, from the consequences of which the court cannot depart, nor the parties relieve themselves; but this rule does not apply to points not made or passed upon on the former appeal, no