Price v. County of Sacramento
Citations
- 6 Cal. 254
- 1856 Cal. LEXIS 118
Syllabus
<p>Counties are quasi corporations, and can sue and be sued.</p> <p>The right to sue a county is not limited to cases of tort, malfeasance, etc., but is given in every case of account, after presentation to, and rejection by, the board of supervisors.</p> <p>An action of assumpsit is the proper remedy on an account against a county, which has been rejected by the supervisors.</p> <p>A mandamus could only compel the board, to act, but could not direct their action ¡ and the rejection of the account is an action upon it, which is all a mandamus could require, where the compensation claimed in the account is not fixed bylaw.</p>
Judges: Murray
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