Scollay v. County of Butte

Citations

• 67 Cal. 249
• 7 P. 661
• 1885 Cal. LEXIS 607

Syllabus

<p>Municipal Corporations—Counties — Powers Involving Exercise of Judgment Cannot be Delegated. —Powers conferred upon a municipal corporation, involving the exercise of judgment and discretion, are in the nature of public trusts, and cannot be delegated to others.</p> <p>Id.— Board of Supervisors—Contract for Collection of Debt dub County ‘—Delegation of Power to Conduct Litigation.—The board of supervisors of a county has power to contract for the collection of a debt due the county; but in the exercise of that power it has no authority to delegate to others, whom it employs for that purpose, the power to determine whether to commence a suit in the name of the county, and to retain attorneys to manage the prosecution thereof, nor to abdicate its control of such a suit, or make its compromise or settlement dependent upon the consent of strangers.</p>