Burr

Burr v. Board of Supervisors

Good Law
1892 Cal. LEXIS 928·96 Cal. 210·31 P. 38
Supreme Court of CaliforniaSeptember 20, 1892No. 14759California737 words

Opinion

Lead Opinion

Vanclief, J.

— Petition to the superior court for a writ of review for the purpose of annulling an- order of the respondent board, allowing a claim of James Mc-Clatchy & Co. against the county for advertising. The court sustained a general demurrer to the petition, and thereupon, the petitioner declining to amend, rendered judgment for respondent. Whether or not the court erred in sustaining the demurrer is the only question presented for decision.

*212 The petition shows that the petitioner is a resident, citizen, and tax-payer of Sacramento County; that on or about the eleventh day of April, 1891, the -respondent heard and considered the claim of McClatchy & Co. for $1,567, for advertising, and allowed it to the extent of $1,317; that immediately thereafter, on the same day, McClatchy & Co. procured a warrant therefor from the county auditor, and obtained the money on the warrant from the county treasurer; and “that the said claim or bill of the said firm, so heard, considered, and allowed by respondent, was not duly or otherwise verified as to its correctness, and no claim therefor duly or otherwise verified was ever presented to or filed with the clerk of said board.”

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