What is the test for a motion to restrain the misappropriation of funds from the state treasury?
California, United States of America
The following excerpt is from Ahlgren v. Carr, 24 Cal.Rptr. 172 (Cal. App. 1962):
'As stated in Burke v. Snively, 208 Ill. 328, 70 N.E. 327, 328: 'In equity the money in the state treasury is the money of the people of the state, and suits by a taxpayer to restrain the misappropriation by public officers of such money to an unauthorized purpose are not suits against the state.'
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for affirming a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Does a court's specification of reasons for granting a motion for a new trial, which does not state any grounds or reasons for the decision to grant the motion, constitute untimely and void? (California, United States of America)
Is a motion to suppress a motion where a judge denied the motion prejudicial? (California, United States of America)
Does a notice of motion need to state that the motion is being made upon a particular ground? (California, United States of America)
If a restraining order is renewed automatically, is the mere issuance of the original restraining order sufficient to trigger the renewal of the restraining order? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
What is the test for sustaining a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
