San Joaquin Light & Power Corp. v. City of Madera (1917) · DecisionDepot

San Joaquin Light & Power Corp. v. City of Madera

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jun 1, 1917 No. Sac. No. 2651.Published

Before: Angellotti

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Holding. The court held that a city cannot be compelled to pay claims for goods and services furnished in previous fiscal years out of revenues from the current fiscal year when such payments were not authorized by the electors.

Issues

Whether a city may be compelled to pay claims for goods and services from previous fiscal years using current fiscal year tax revenues without electoral authorization.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The decision in Arthur v. Petaluma, ante, p. 216, [165 Pac. 698], controls here, and therefore the judgment of the superior court in favor of defendants must be held to be correct.”

“The judgment is affirmed.”

Synopsis

Municipal Corporations—Payment of Judgment from Revenue of Subsequent Fiscal Year.—Arthur v. City of Petaluma, ante, p. 216, approved to the eflieet that a municipal corporation, in the absence of authorization by the electors, cannot pay, from revenues resulting from tax levies made for a subsequent fiscal year, a claim against the city which has been reduced to judgment, for material and labor furnished the city during previous fiscal years.

[230]

ANGELLOTTI, C. J.

Mandamus

to compel auditing and payment of a claim of plaintiff against the city of Madera. The superior court gave judgment for defendants, and on appeal by plaintiff to the district court of appeal of the third appellate district the justices of that court were unable to agree upon a judgment. The appeal was therefore transferred to this court for determination.

In all material aspects the case here presented is the same as that of

Arthur

City of Petaluma, ante,

p. 216, [165 Pac. 698]. It is sought to enforce payment against revenues of the fiscal year 1915-16 resulting from tax levies made by the board of trustees of the city, without any authorization by the electors, of a claim of $2,108.75 for electrical power and energy, lights and lighting, material and labor furnished the city during

fiscal years. The claim has been reduced to judgment, and the proceedings were in accord with the act of March 23, 1901, referred to in the opinion in that case.

The decision in

Arthur

Petaluma, ante,

p. 216, [165 Pac. 698], controls here, and therefore the judgment of the superior court in favor of defendants must be held to be correct.

The judgment is affirmed.

Shaw, J., Sloss, J., Melvin, J., Henshaw, J., and Victor E. Shaw, J.,

pro tem.,

concurred.

San Joaquin Light & Power Corp. v. City of Madera

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Synopsis

ANGELLOTTI, C. J.

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