4 Cal. 333 | Cal. | 1854
Lead Opinion
delivered the opinion of the Court.
The Act of 13th of April, 1854, amendatory of the general law Regulating the Office of State Comptroller, declares that “no warrant shall be drawn on the Treasury, except there be an unexhausted specific appropriation by law, to meet the same.”
It is urged by the appellant that as the Act of May 1st, 1854, to create the office of State Printer, requires the Comptroller to draw his warrants on the Treasurer for such sums as may be due the State Printer, it takes the case out of the provision of the general law; that it is in effect a
Another fatal objection to the appellant’s case is his failure to allege that there is any “moneysnot otherwise appropriated by law,” out of which the compensation in question is directed to be paid.
The judgment must be affirmed.
Concurrence Opinion
concurred as follows:
I concur upon the last ground expressed in the opinion.
Dissenting Opinion
dissented, as follows:
With due respect to. my associates, aud upon full consideration of the law applicable to the case, I must dissent from this decision