Smith v. Broderick

Citations

• 107 Cal. 644
• 40 P. 1033
• 1895 Cal. LEXIS 803

Syllabus

<p>Municipal Corporation—Yearly Indebtedness—Constitutional Law. Section 18 of article XI of the constitution, providing that “no county, city, etc. .... shall incur any indebtedness or liability .... exceeding in any year the income and revenue provided for it for such year,” means that each year’s income and revenue must pay each year’s indebtedness and liability, and that no indebtedness or liability incurred in any one year shall be paid out of the income or revenue’ of any future year.</p> <p>Id.—Claim Reduced to Judgment—Revenue of Subsequent Yeah — Mandamus.—A claim against the city and county of San Francisco, incurred during a particular year cannot be paid out of its revenue raised for a subsequent year, notwithstanding such claim had been reduced to a judgment, and provision for its payment had been attempted to be made by the board of supervisors by a special tax levied and collected in such subsequent year, and paid into the general fund. And a writ of mandate will not lie to compel the payment of the judgment out of the moneys so collected, nor to compel the auditor to allow the same as a claim against such fund. i</p> <p>Id.—Contracts of Municipalities.—If, at the time a municipality enters into an obligation, there is a limitation upon the extent to which it may enter into such obligation, or upon the extent of taxation for the payment of its liability, or upon the mode in which such payment is to he made, there is no violation of any provision of the constitution, or of any obligation of the municipality, in insisting that the person dealing with it shall be bound by the terms of the law as they existed when he entered into his dealing with the municipality.</p> <p>Id.—Payment of Judgments Against San Francisco.—The act of 1858 (Stats. 1858, p. 233), conferring power upon the board of supervisors to “ order paid any final judgment against said city and county, out of the surplus fund,” does not authorize the payment of such judgment out of the reven