Trinity County v. McCammon

Citations

• 25 Cal. 117

Syllabus

<p>Supervisor—Term op.—One who has held the office of Supervisor is, .after the expiration of his term, and the election and qualification of his successor, no longer an officer, either cZe jure or cZe facto, but if he attempts to act as such, is a mere naked usurper.</p> <p>Proper Dependants in Action to enjoin Supervisors.—Where a Board of Supervisors consists of three members, at least two of them should be made defendants, in an action brought to enjoin the Board from purchasing property for the use of the county.</p> <p>Complaint in Action to enjoin Supervisors.—In such case, if the complaint does not aver that at least two members of the Board are about to make an order for the purchase, and for a warrant to be drawn on the Treasury for payment, it does not state facts sufficient to authorize an injunction to be granted.</p> <p>County Warrants—When Void.—A warrant drawn by the Auditor on the Treasurer of a county without having been ordered by a majority of the Board of Supervisors, is void; and should the Treasurer pay such warrant he would be liable to the county on his official bond.</p> <p>Opinion op Court applies to Pacts in Record.—When an appeal is taken from an order granting a preliminary injunction, and the order is reversed, the opinion of the Court will not apply to any new state of facts which may appear in the record, or an appeal from the final judgment.</p>