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eBook details

• Title: Lelande V. Lowery
• Author : Supreme Court Of California
• Release Date : January 30, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Petitioner is the assignee of the claim of F. C. Roueche, in the sum of $53.82, and the claim of the Hawthorne Advertising Press, Ltd., in the sum of $19.98, against the County of Los Angeles. Each claim is for moneys due under a contract with the county for publication of notices of sale of tax deeded real property. Each assignor is the owner of a newspaper of general circulation, authorized (at least insofar as the issues of this case are concerned) to publish such notices. Petitioner, as assignee, presented the claims to respondent, County Auditor of the County of Los Angeles. Respondent disallowed the claims. Petitioner then presented the claims to the Board of Supervisors of the County of Los Angeles, which approved and allowed them and ordered respondent to issue warrants thereon to petitioner. Respondent refused to comply with such order. Respondent's refusal to issue warrants on the claims is based on section 161 of the Revenue and Taxation Code (Stats. 1943, ch. 280, p. 1199). Such section provides: "Whenever any notice, delinquent list or other document required to be made under this code is to be published, the county shall contract directly with the newspaper in which publication is proposed to be made. Any contract so made or any moneys due thereunder shall not be assignable. The newspaper shall not pay, or contract to pay, to any person, firm or corporation, by way of commissions, any part of the moneys received from the county in payment of said publication."

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