Walton v. McPhetridge

Citations

• 120 Cal. 440
• 52 P. 731
• 1898 Cal. LEXIS 784

Syllabus

<p>Counties—High School Lot — Void Allowance by Supervisobs.—Moneycontributed by citizens of a locality toward the purchase of a lot therein for the erection of a high school, the establishment of which had been voted for by the county, which did not go into the county treasury, nor become part of the county funds, but was contributed through the person who was then the county treasurer, and paid out toward purchase of the lot, is not chargeable against the county, and cannot be recovered therefrom, by reason of the failure of the board of supervisors to erect a high school building upon the lot, and the consequent reverter of the title to the grantor of the lot, for condition broken; and the allowance by the board of supervisors of a claim for the refunding by the county of an amount so contributed is illegal and void.</p> <p>Id.—Auditor—Mandamus.—It. is the privilege and duty of the auditor to refuse to draw his warrant upon the treasurer for claims which, although sanctioned and ordered paid by the supervisors, are void upon their face for want of jurisdiction in the board of supervisors, or which show an excess of jurisdiction, or other plain and palpable violation of law; and mandamus will not lie to compel the auditor to draw his warrant for an illegal claim against the county, although it has been allowed by the board of supervisors.</p>