City of Sierra Madre v. Lehmer

California Court of Appeal

City of Sierra Madre v. Lehmer

129 P. 287, 20 Cal. App. 377, 1912 Cal. App. LEXIS 269

CourtCalifornia Court of Appeal

DecidedNovember 16, 1912

DocketCiv. No. 1203.

StatusPublished

This text of 129 P. 287 (City of Sierra Madre v. Lehmer) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Sierra Madre v. Lehmer, 129 P. 287, 20 Cal. App. 377, 1912 Cal. App. LEXIS 269 (Cal. Ct. App. 1912).

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Opinion

SHAW, J.

The facts presented by the record herein are identical with those involved in the ease of City of Corona *378 v. Merriam et al., ante, p. 231, [128 Pac. 769], an opinion which was filed in this court October 25, 1912,

In each case the action was one prosecuted by the city against its treasurer to recover from him and his sureties moneys retained by him and claimed as compensation for ser-, vices as such city treasurer. In the Corona case the claim of the treasurer was based upon an ordinance providing that, in addition to a salary of fifteen dollars per month, he should receive “one per centum on all moneys received and paid out by him as treasurer.” In the ease at bar the claim of the treasurer, in the absence of an ordinance fixing his compensation, is based upon section 876 of the Municipal Corporation Act, (Henning’s General Laws, p. 907) which provides that he “shall be allowed one per centum on all moneys received and paid by him as such treasurer.” It thus appears that, except in the one case the compensation is fixed by ordinance, while in the other it is fixed by statute, the provisions are identical. In each case the treasurer insisted that by virtue of the provisions quoted he was entitled to one per cent, not only upon the amount of money received by him as treasurer, but a like percentage upon the amount paid out, while the claim of the cities was that the percentage should be computed upon the amount paid out by him from that which he had received.

In the case at bar the trial court accepted the latter view, which is in accordance with the opinion of this court rendered in the case of City of Corona v. Merriam et al., ante, p. 231, [128 Pac. 769], Upon the authority of that case, the facts presented being the same, the judgment from which defendants appeal must be and is affirmed.

Allen, P. J., and James, J., concurred.

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SHAW, J.

The facts presented by the record herein are identical with those involved in the ease of City of Corona *378 v. Merriam et al., ante, p. 231, [128 Pac. 769], an opinion which was filed in this court October 25, 1912,

In each case the action was one prosecuted by the city against its treasurer to recover from him and his sureties moneys retained by him and claimed as compensation for ser-, vices as such city treasurer. In the Corona case the claim of the treasurer was based upon an ordinance providing that, in addition to a salary of fifteen dollars per month, he should receive “one per centum on all moneys received and paid out by him as treasurer.” In the ease at bar the claim of the treasurer, in the absence of an ordinance fixing his compensation, is based upon section 876 of the Municipal Corporation Act, (Henning’s General Laws, p. 907) which provides that he “shall be allowed one per centum on all moneys received and paid by him as such treasurer.” It thus appears that, except in the one case the compensation is fixed by ordinance, while in the other it is fixed by statute, the provisions are identical. In each case the treasurer insisted that by virtue of the provisions quoted he was entitled to one per cent, not only upon the amount of money received by him as treasurer, but a like percentage upon the amount paid out, while the claim of the cities was that the percentage should be computed upon the amount paid out by him from that which he had received.

In the case at bar the trial court accepted the latter view, which is in accordance with the opinion of this court rendered in the case of City of Corona v. Merriam et al., ante, p. 231, [128 Pac. 769], Upon the authority of that case, the facts presented being the same, the judgment from which defendants appeal must be and is affirmed.

Allen, P. J., and James, J., concurred.

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129 P. 287, 20 Cal. App. 377, 1912 Cal. App. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-sierra-madre-v-lehmer-calctapp-1912.

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