Swinnerton v. Monterey County

Citations

• 76 Cal. 113
• 18 P. 135
• 1888 Cal. LEXIS 833

Syllabus

<p>County — Employment of Attorney—Discharge—Contingent Compensation. — An attorney at law employed by a county to prosecute an action against a county official for the purpose of recovering money claimed to be illegally retained, under an agreement whereby his compensation is made contingent upon the result of the litigation, upon being discharged before the termination of the action, is not entitled to recover any damages for the breach of the contract of employment, when it appears that the action in which he was retained ought not to have terminated in favor of the county, if it had been prosecuted to final judgment.</p> <p>Monterey County— Compensation of Tax Collector. — The act of March 1, 1872, provided that the tax collector of Monterey County should receive a certain percentage on the collections made for state and county taxes, as compensation for his services. The act of March 16, 1872, provided that the sheriff of the county, for such services, should receive a higher percentage. The latter act repealed all acts in conflict therewith. At the time of the passage of these acts, the sheriff was ex officio the tax collector. Subsequently the offices were made separate. Held, that after the separation of the offices, the tax collector was entitled to receive the percentage provided in the act of March 16, 1872.</p>