McKee v. Monterey County
Synopsis
Duty of County Tbeasubbbs.—If a county treasurer, upon his settlement with the Controller of State, is allowed by the latter officer to retain money for official or other services beyond the compensation to which he is entitled, it is his duty to pay such money into the county treasury and turn it over to his successor in office. He cannot claim the money on the ground that the Controller exceeded his authority in making the allowance.
What County Tbeasubeb is Estopped to Deny.—If a county treasurer receives money as belonging to the county, he is afterwards estopped from denying that it is the money of the county.
By the Court: 1. The appellant, as treasurer of Monterey County, was entitled to a salary of eighteen hundred dollars (Acts 1869-70, p. 167, Sec. 17), and to no other compensation. (Id. Sec. 91.)
[2772]. The appellant having, as treasurer of Monterey County, received certain moneys by the allowance of the Controller of State upon settlement had with that officer, it became his duty to hold such moneys as other public funds in the treasury of the county, and to turn them over to his successor in office. He cannot now be permitted to question the correctness of the action of the Controller, through which he received these moneys, nor to claim their custody against his successor in office, the present treasurer of the county of Monterey, on the ground that, in making the allowance, the Controller exceeded his authority. (Placer County v. Astin, 8 Cal. 303.)
The other question made upon the demurrer was disposed of at the argument.
Judgment affirmed.
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