Sharp v. County of Contra Costa

Citations

• 34 Cal. 284

Syllabus

<p>Law of Contracts—to whom Applicable.—The law of private contracts is not applicable where the State or county government is a party, in respect to the mode or measure of enforcement.</p> <p>County and State Governments—Remedies Against.—The county government is a part of the State government, which is sovereign. The State government, neither in its general nor local capacity, can be sued by her creditors or made amenable to judicial process, except by her own consent. Her creditors must rely solely upon her good faith as to the time, mode, and measure of payment.</p> <p>Idem.—Where, subsequent to the accruing of G-.’s claim against Contra Costa County, the Legislative Act was passed authorizing suits to be instituted against counties on claims rejected by the county governments : held, that a judgment under that Act only had the effect of converting a disputed into an audited claim against a county, and the State, by reason of her sovereignty, still held control of the question of payment as to all its incidents of time, mode, and measure.</p> <p>Contra Costa Funding Act—Validity op.—The Act of 1855, (Stats. 1855, p. 9,) providing for funding the debts of Contra Costa County, was in the exercise of legitimate and unquestionable power on the part of the Legislature, and thereby the State government left all claimants for whom provision was therein made, without any further claim for payment, except in the particular mode, measure, and time therein provided.</p> <p>Idem—Obligation op the State.—Under said Act, all claimants whose claims were embraced in its provisions were bound to fund, or forego all further claim founded upon any supposed legal or moral obligation to pay, resting upon the State. Thereafter, the generosity only, and not the good faith of thq State, could be invoked by such claimants as failed to fund their claims.</p> <p>Contra Costa County—Act op March 14th, 1860, a nudum pactum.—The Legislative Act of March 14th, 1860, (Stats. 1860, p. 94,) prov