Tilden v. Board of Supervisors

Citations

• 41 Cal. 68

Syllabus

<p>Board op Supervisors.—A Board of Supervisors of a county, in allowing or disallowing a claim, exercise judicial functions.</p> <p>Writ óp Mandate.—When a Board of Supervisors have acted on a claim, either by allowing or disallowing it, a writ of mandate will not be issued to reverse or review its judgment.</p> <p>Idem.—Before such writ can be properly awarded the Board must refuse to act upon the claim, after it has obtained jurisdiction of it.</p> <p>Idem.—A statute declaring that a Board of Supervisors shall not be sued in any action whatever, but that it may be proceeded against' by mandamus, does not change the essential nature or office of the writ itself.</p> <p>Resolution op Board op Supervisors Revocable.—A resolution of a Board of Supervisors, after it has disallowed a claim, reciting that the services on which it is based have been performed by the claimant, but that the Board has doubts as to its legality, and directing the District Attorney to enter the appearance of the Board in any Court in which the claimant may commence an action to require the Board to allow the claim, which resolution is not agreed to or accepted by the claimant, is revocable at the pleasure of the Board.</p>