California Supreme Court, 1876

McKee v. Monterey County

California Supreme Court · Decided July 1, 1876

51 Cal. 275

Cases that cite this one

8 later published cases cite this decision.

County of San Diego v. Croghan (Cal. Ct. App. 1934)
Tyson v. Reinecke (Cal. Ct. App. 1914)
Annis v. McNulty (New York Supreme Court 1906)
Board of County Commissioners v. Dickey (Minn. 1902)
County of Kern v. Fay (Cal. 1901)
County of San Bernardino v. Davidson (Cal. 1896)
State ex rel. Michener v. Scanlon (Ind. Ct. App. 1891)
People ex rel. Dunn v. Bunker (Cal. 1886)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.