Cramer v. Supervisors of Sacramento
Before: Cope
Synopsis
A petition for mandamus, to compel the President of the Board of Supervisors of the City and County of Sacramento to draw his warrant on the Treasurer for audited claims against the city school fund, must, under the sixty-seventh section of the Consolidation Act of 1858, (Stat. 287) aver that there is money in the treasury applicable to such claims. The President has no power to draw the warrant unless the money is in the treasury.
Cope, J. delivered the opinion of the Court Field, C. J. concurring.
The appeal in this case is without merit. Under the sixty-seventh section of the Consolidation Act, the President of the Board of Supervisors has no power to draw the warrant which the plaintiff seeks to obtain, unless there is money in the treasury to pay it. The petition is silent upon that subject, and is therefore insufficient to entitle the plaintiffto the relief asked. There are other grounds of objection, but it is unnecessary to notice them.
Order dismissing the proceedings affirmed.
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