Winn v. Shaw

Citations

• 87 Cal. 631
• 25 P. 968
• 1891 Cal. LEXIS 1037

Syllabus

<p>County Government Act — Purchase of Real Property — Publication of Notice—Mandatory Statute—Power of Supervisors.— The provision of the County Government Act requiring the board of supervisors of a county to publish notice of their intention to make a purchase of real property for the benefit of the county in some newspaper of general circulation published in the county, ete., is mandatory, and operates as a limitation upon the power of the board to make any purchase of real property unless the publication is made as directed.</p> <p>Id. — Price of Publication — Combination of Newspapers. — The fact that no newspaper published in the county is willing to publish the notice for the price fixed by the supervisors, and that all the newspapers published in the county have combined to charge higher rates for advertising than 'the board are willing to pay, cannot affect or alter the jurisdiction of the board, or confer upon it power to purchase real property without making the publication required by the statute.</p> <p>Id. —Validity of Newspaper 'Combination. —The question as to the validity of a contract between newspapers adopting a uniform schedule of prices for advertising and printing, including all county work, is not involved in an action to prevent an illegal payment for land purchased by the supervisors without the publication of any notice.</p> <p>Id. — Injunction — Restraining Auditor from Drawing Illegal Warrant— Suit by Tax-payer.—A tax-payer may sue to enjoin the county auditor from drawing his warrant in payment for the purchase of land of which no notice has been published.</p> <p>Id. — Interest of Tax-payer.—A tax-payer of a county has such an interest in the proper application of funds belonging to the county that he may maintain an action to prevent their withdrawal from the treasury in payment or satisfaction of demands which have no validity against the county.</p> <p>Id. — Damage to County — Illegal Purchase. — It cannot be inquired whether the c