Cole v. McKune (19 Cal. 422, 1861)

Baldwin, J. delivered the opinion of the Court

Field, C. J. and Cope, J. concurring.

Petition for mandamus. This proceeding was taken to determine tho question as to the right of the late District Attorney of Sacramento county, or his successor, the present incumbent, to take charge of the suits instituted and pending under the Acts of 1860 and 1861, for the collection of delinquent taxes in the city and county. By those acts a percentage is given the District Attorney on the amounts collected by suit. By the general act regulating the office of District Attorney, the outgoing Attorney is to hand over papers, etc., connected with his office to his successor, who is charged with the duty of prosecuting suits, civil and criminal, for the county. We see nothing in the Acts of 1860 and 1861 which places those tax suits on any different footing, in this respect, from suits on recognisances, or from the public litigation of the county, or of the Stfv. The policy of the- law seems to be, to have but one recognized pros,..,,1