19 Cal. 486 | Cal. | 1861
Field, C. J. concurring.
We think that the plaintiff, counting alone upon the county scrip or warrants, as negotiable instruments, evidencing of themselves an indebtedness on the part of the county, cannot maintain his pretension. This seems to be decided by the case of The People v. Supervisors of El Dorado County (11 Cal. 170). The reason is, that
If the plaintiff has a valid claim upon the county, it ought to be paid; but he must proceed to enforce it in some other mode.
Judgment affirmed.