Opinions of the City Attorney of San Francisco 1952 Pt.2
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"2, Whether the court may cure the defect of lack of order by subsequent order and render the city and county liable,?" OPINION 1, As pointed out in my opinion of this date concerning the pay lent for transcripts for the State Board of Equalization and the Armed Forces Disciplinary Board, there has to be some statute authorizing the payment of the claim or that it arises from some contract express or implied which finds authority of law, ( Ir win v> Co. of Yuba , 119 Cal, 686), There is no stat...ute or law author- izing the" city and county to pay for the duplicated transcript, 2, In my opinion a subsequent order by the judge could not render the City and County liable. The authority of the court OPINION NO. 601 #2 is limited by the provisions of Sec. 27l| C.C.P, and it would be an abuse of judicial discretion for the judge to make the City and County treasury liable for the mistake of either the reporter or the attorney for the defendant. As noted in Fraser v. Payne t 3 Cal. (2) 630 at page 63I4., injury to the County would result when it was required to pay for a second transcript of the reporter's notes.
What to read after Opinions of the City Attorney of San Francisco 1952 Pt.2?
You can find similar books in the "Read Also" column, or choose other free books by San Francisco (Calif.). City Attorney's Office to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
"2, Whether the court may cure the defect of lack of order by subsequent order and render the city and county liable,?" OPINION 1, As pointed out in my opinion of this date concerning the pay lent for transcripts for the State Board of Equalization and the Armed Forces Disciplinary Board, there has to be some statute authorizing the payment of the claim or that it arises from some contract express or implied which finds authority of law, ( Ir win v> Co. of Yuba , 119 Cal, 686), There is no stat...ute or law author- izing the" city and county to pay for the duplicated transcript, 2, In my opinion a subsequent order by the judge could not render the City and County liable. The authority of the court OPINION NO. 601 #2 is limited by the provisions of Sec. 27l| C.C.P, and it would be an abuse of judicial discretion for the judge to make the City and County treasury liable for the mistake of either the reporter or the attorney for the defendant. As noted in Fraser v. Payne t 3 Cal. (2) 630 at page 63I4., injury to the County would result when it was required to pay for a second transcript of the reporter's notes.
What to read after Opinions of the City Attorney of San Francisco 1952 Pt.2?
You can find similar books in the "Read Also" column, or choose other free books by San Francisco (Calif.). City Attorney's Office to read onlineMoreLess
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