Dorsey v. Tuolumne County

California Supreme Court

Dorsey v. Tuolumne County

1 Cal. Unrep. 456

CourtCalifornia Supreme Court

DecidedJanuary 7, 1869

DocketNo. 1900

StatusPublished

This text of 1 Cal. Unrep. 456 (Dorsey v. Tuolumne County) 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

Dorsey v. Tuolumne County, 1 Cal. Unrep. 456 (Cal. 1869).

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Opinion

SAWYER, C. J.

Section 24 of the act to create a board of supervisors, as amended 1866 (Stats. 1866, p. 836), provides that, “No person shall sue a county in any case, or for any demand unless he or she shall first present his or her claim or demand to the board of supervisors for allowance,” and further “That no account or claim against a county, nor any part thereof shall be allowed by the board unless such claim, itemized and properly verified, be presented,” etc. The presentation of a claim duly verified is an essential prerequisite to the maintenance of an action, and unless this fact appears in the complaint, the complaint fails to state a cause of action against a county. In the present case no such averment is found, and the demurrer was properly sustained on that ground.

Judgment affirmed, and the remittitur directed to issue forthwith.

We concur: Rhodes, J.; Sprague, J.; Crockett, J.

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SAWYER, C. J.

Section 24 of the act to create a board of supervisors, as amended 1866 (Stats. 1866, p. 836), provides that, “No person shall sue a county in any case, or for any demand unless he or she shall first present his or her claim or demand to the board of supervisors for allowance,” and further “That no account or claim against a county, nor any part thereof shall be allowed by the board unless such claim, itemized and properly verified, be presented,” etc. The presentation of a claim duly verified is an essential prerequisite to the maintenance of an action, and unless this fact appears in the complaint, the complaint fails to state a cause of action against a county. In the present case no such averment is found, and the demurrer was properly sustained on that ground.

Judgment affirmed, and the remittitur directed to issue forthwith.

We concur: Rhodes, J.; Sprague, J.; Crockett, J.

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1 Cal. Unrep. 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorsey-v-tuolumne-county-cal-1869.