Sehorn v. Williams

Citations

• 110 Cal. 621
• 43 P. 8
• 1895 Cal. LEXIS 1108

Syllabus

<p>Construction of County Government Act—Claims against County— Province of Supervisors—Duty of Auditor — Certificate of County Clerk.—The provision of section 41 of the County Government Act requiring a claim presented to the board of supervisors to be itemized, “giving names, dates, and particular services rendered,” before it can be allowed, is directed to the board of supervisors alone, and there is no provision in the act giving the auditor a revisory control over their action; but the auditor is in duty bound to draw his warrant in favor of every person whose claim has been legally examined, allowed, and ordered to be paid by the board of supervisors; and the provisions of sections 45 and 114 of the act do not justify him in withholding a warrant merely because the clerk has not certified the items of the claim, or the liability for which it was allowed; but it is his duty in such case to ascertain by inquiry the nature of the liability in order to distinctly specify it in the warrant, and that the claim has been allowed and ordered paid by the board of supervisors, and, upon receiving such information from the county clerk, it is his duty to draw the warrant.</p>