Colusa County v. De Jarnett

California Supreme Court

Colusa County v. De Jarnett

55 Cal. 373

CourtCalifornia Supreme Court

DecidedJuly 1, 1880

DocketNo. 6,526

StatusPublished

Cited by14 cases

This text of 55 Cal. 373 (Colusa County v. De Jarnett) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colusa County v. De Jarnett, 55 Cal. 373 (Cal. 1880).

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Opinion

By the Court, (from the Bench) :

The action was brought to restrain defendant, as County Auditor of Colusa County, from issuing a warrant in favor of W. G. Dyas, upon a claim in his favor, which had been allowed against the county for legal services rendered by him in behalf of the county, in an action to which it was a party. No contest was made against the claim itself. When the Board of Supervisors of the county allowed it, they acted as a quasi-judicial body, and their allowance and settlement was an adjudication of the claim, which is conclusive. (Subd. 12, § 4066, Pol. Code.)

There is nothing in the complaint to authorize the interposition of a Court of Equity, and we are of the opinion that the Court below properly sustained the demurrer to the complaint.

Judgment affirmed.

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By the Court, (from the Bench) :

The action was brought to restrain defendant, as County Auditor of Colusa County, from issuing a warrant in favor of W. G. Dyas, upon a claim in his favor, which had been allowed against the county for legal services rendered by him in behalf of the county, in an action to which it was a party. No contest was made against the claim itself. When the Board of Supervisors of the county allowed it, they acted as a quasi-judicial body, and their allowance and settlement was an adjudication of the claim, which is conclusive. (Subd. 12, § 4066, Pol. Code.)

There is nothing in the complaint to authorize the interposition of a Court of Equity, and we are of the opinion that the Court below properly sustained the demurrer to the complaint.

Judgment affirmed.

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Bluebook (online)

55 Cal. 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colusa-county-v-de-jarnett-cal-1880.

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