People v. De Pelanconi

California Supreme Court

People v. De Pelanconi

63 Cal. 409, 1883 Cal. LEXIS 478

CourtCalifornia Supreme Court

DecidedMay 15, 1883

StatusPublished

Cited by7 cases

This text of 63 Cal. 409 (People v. De Pelanconi) 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

People v. De Pelanconi, 63 Cal. 409, 1883 Cal. LEXIS 478 (Cal. 1883).

Pincite

Opinion

Myrick, J.

One Ramirez, being in custody under a bench warrant issued out of a Superior Court, upon an information for the crime of forgery, was ordered to be admitted to bail in the sum of $2,000, and the defendants in this action executed an undertaking in the form prescribed by section 1287, Penal Code. The bond becoming forfeited, this action was brought by the district attorney against the sureties. '

[410]*410The only point presented on this appeal is: The action should have been brought in the name of the county; the county is the only party in interest, as the money recovered must go into the county treasury; the action cannot be sustained in the name of the people, and the district attorney is not authorized to bring ' the action.

In several cases in this State, the action has been sustained when brought in the name of the people. (People v. Smith, 18 Cal. 498; People v. Love, 19 Cal. 677; People v. Penniman, 37 Cal. 271.) It has also been sustained when brought in the name of the county. (Mendocino County v. Lamar, 30 Cal. 628; City and County of San Francisco v. Randall, 54 Cal. 408.) We see no objection to sustaining the action when brought either in the name of the county or of the people. The section above referred to requires that the amount named shall- be payable to the people of the State of California; when recovered, it is to take certain named directions.

The district attorney is authorized to proceed by action. (§ 1306, Pen. Code; § 4256, subd. 3, Pol. Code.) Judgment affirmed.

Thornton, J., Shabpsteie, J., McKiestry, J., and McKee, J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Myrick, J.

One Ramirez, being in custody under a bench warrant issued out of a Superior Court, upon an information for the crime of forgery, was ordered to be admitted to bail in the sum of $2,000, and the defendants in this action executed an undertaking in the form prescribed by section 1287, Penal Code. The bond becoming forfeited, this action was brought by the district attorney against the sureties. '

[410]*410The only point presented on this appeal is: The action should have been brought in the name of the county; the county is the only party in interest, as the money recovered must go into the county treasury; the action cannot be sustained in the name of the people, and the district attorney is not authorized to bring ' the action.

In several cases in this State, the action has been sustained when brought in the name of the people. (People v. Smith, 18 Cal. 498; People v. Love, 19 Cal. 677; People v. Penniman, 37 Cal. 271.) It has also been sustained when brought in the name of the county. (Mendocino County v. Lamar, 30 Cal. 628; City and County of San Francisco v. Randall, 54 Cal. 408.) We see no objection to sustaining the action when brought either in the name of the county or of the people. The section above referred to requires that the amount named shall- be payable to the people of the State of California; when recovered, it is to take certain named directions.

The district attorney is authorized to proceed by action. (§ 1306, Pen. Code; § 4256, subd. 3, Pol. Code.) Judgment affirmed.

Thornton, J., Shabpsteie, J., McKiestry, J., and McKee, J., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

63 Cal. 409, 1883 Cal. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-pelanconi-cal-1883.

Opinion

Related

Cite This Page — Counsel Stack