Nelson v. Merced County

Good Law
122 Cal. 644·1898 Cal. LEXIS 650·55 P. 421
Supreme Court of CaliforniaDecember 13, 1898Sac. No. 406California1,113 words

Opinion

Lead Opinion

Haynes, J.

Plaintiff brought this action to recover front *645 "the county of Merced eighteen hundred and eighty-four dollars, :for services rendered hy the plaintiff as supervisor of said county while acting as road commissioner in his district. His claim for said services, itemized and verified as required by law, was duly-filed and presented to the board of supervisors May 19, 1896, and by said board referred to the district attorney, who indorsed thereon the following disapproval:

The claim was thereupon rejected by the board of supervisors; and this action was brought.

The first charge in the itemized account is dated February 1, 1893, and the last is April 29, 1896, and it was filed with the clerk of the board May 19, 1896.

Under the act of 1893 Merced was a county of the thirty-ninth class, and by section 201, subdivision 15, the compensation of supervisors in counties of that class is fixed at “six dollars per day for each day while in service of the county” (Stats. 1893, p. 497), and it is conceded that supervisors of said county were entitled to that compensation for each day’s service as road commissioner.

The complaint consists of one count or cause of action covering the…

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