From Casetext: Smarter Legal Research

McCormick v. Tuolumne County

Supreme Court of California
Apr 1, 1869
37 Cal. 257 (Cal. 1869)

Opinion

         Appeal from the District Court, Fifth Judicial District, Tuolumne County.

         This was an action by the plaintiff, who held in his own right and by assignment certain claims, evidenced by itemized accounts, against Tuolumne County, for labor performed and materials furnished in the repair and construction of public highways therein. The accounts were certified to be correct by the Road Commissioners of the appropriate Road Districts, but were not verified by oath. The Board of Supervisors of said county rejected said claims, on the ground, among others, that they were not verified, whereupon this action was brought to recover the same. The defendant had judgment in the Court below, and the plaintiff appealed.

         COUNSEL:

         J. F. Rooney, and J. W. Armstrong, for Appellant.

          Caleb Dorsey, District Attorney, for Respondent.


         JUDGES: Sawyer, C. J.

         OPINION

          SAWYER, Judge

         The verification contemplated by the statute involved in this case is a verification by oath annexed to the account.

         Judgment affirmed, and remittitur directed to issue forthwith.


Summaries of

McCormick v. Tuolumne County

Supreme Court of California
Apr 1, 1869
37 Cal. 257 (Cal. 1869)
Case details for

McCormick v. Tuolumne County

Case Details

Full title:DANIEL McCORMICK v. TUOLUMNE COUNTY

Court:Supreme Court of California

Date published: Apr 1, 1869

Citations

37 Cal. 257 (Cal. 1869)