The two chief points in this case are: First--John McCammon is not a Supervisor of this county, and by falsely pretending to be, he is trying to get the Building Fund paid over to James Edgcomb for a building that would be utterly worthless to the county for a Court-house, and if the money once passes out of the county's possession, no matter what the final decision may be on the hearing of the case, the cash would be out of reach or hope of recovery.
JUDGES: Shafter, J.
OPINION
SHAFTER, Judge
By the Court, Shafter, J., on petition for modification of opinion.
Since the decision of the appeal taken in this action a petition has been presented on the part of the appellant, asking not for a rehearing, nor for any modification of the judgment, but for a modification of the opinion, on the ground that the opinion is to some extent obiter; and on the further ground that the Court has misapprehended the contents of the report made by the committee appointed by the County Judge to pass on the value of the building owned by Edgcomb, and which he proposed to sell to the county.
In so far as the opinion passes upon any question not necessary to the decision of the appeal, it will interpose no obstacle to a re-investigation of such question upon its merits in any case that may hereafter come to this Court in which the point shall be directly presented. In so far as the misapprehension of the contents of the committee's report is concerned, the document, as such, was not in the transcript, and we were therefore justified in assuming that it had no contents, aliunde the contents set out in the proceedings. Any case coming here hereafter showing that the report comprehended topics other than those to which the present record confines it, will be a case, to that extent, different from the present, and of course one to which the opinion in this case cannot be considered as having any just application.
Petition denied.