Sawyer v. Colgan

Citations

• 102 Cal. 283
• 36 P. 580
• 1894 Cal. LEXIS 636

Syllabus

<p>Controller of State—Payment of Claims—Bonds and Coupons— Board of Examiners.—The controller of state is not prohibited by the provisions of section 672 of the Political Code from drawing his warrant to pay bonds and coupons issued by the state, without approval by the state board of examiners, but such bonds and coupons have the force of audited claims, and are not required to be approved by that board.</p> <p>Id.—Conditional Appropriation by State—Indian War Bonds—Appropriation by Congress.—The liability of the state upon the bonds provided for as a war fund for the suppression of Indian hostilities by the act of May 3, 1852, was conditioned upon the failure of Congress to make an appropriation to pay them; and Congress having provided an appropriation to pay these bonds upon reasonable conditions, consisting of such precautionary measures against imposition and fraud, as it had a right to take, the condition upon which the state was to be liable has not arisen, and the controller cannot be compelled to pay any bonds or coupons issued under said act.</p> <p>Id.—Sufficiency of Appropriation by Congress—Liability of State. Even if the appropriation by Congress was insufficient to pay all the outstanding bonds and coupons provided for by the act of 1852, the state is not liable for the payment of any such bonds or coupons as would have been paid if they had been' presented under the act of Congress at the proper time.</p> <p>Id.—Erroneous Rulings of Government Officers—State Not Responsible.—If any of the bonds were not paid by reason of erroneous rulings on the part of the officers of the departments of the general government, such result is not due to the failure of the state or its officers, which have a right to rely upon the acts of Congress, and the state is not thereby rendered responsible for the payment of such bonds.</p> <p>Id.—Bonds Under Act of 1851—Liability of State—Mandamus—Statute of Limitations.-—The state is liable for the payment of bonds and cou