Jordan v. Williams Irrigation District

THOMPSON, J.

The plaintiff has appealed from a judgment which was rendered against him for declining to amend his complaint after a demurrer thereto had been sustained.

The second amended complaint contains two counts. The first cause seeks to recover a judgment against the defendants for the aggregate sum of $2,880 alleged to be due and unpaid on 84 coupons for accrued interest on irrigation bonds of a consolidated district. It is alleged the Williams Irrigation District is located in Colusa County and that it was organized under the laws of California, April 13, 1920; that the GlennColusa Irrigation District is situated in Glenn and Colusa Counties, and that it was organized under the laws of California, March 2, 1920; that the last-mentioned district “was enlarged to include the Williams Irrigation District, and that such consolidation became effective June 16, 1924”; that ever since its organization the consolidated district “has been and now is an irrigation district organized and existing under and by virtue of the laws of the State of California”; that the

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Williams Irrigation District issued interest-bearing bonds in 1921, in the sum of $600,000; that the plaintiff is the owner and holder of 84 interest coupons of these bonds of the face value of $30 each, the terms of which are specifically alleged; that these coupons are numbered 122 and from 149 to 157, inclusive, and are dated February 26, 1932, to March 21, 1934; that these coupons were presented to the treasurer of the irrigation district on certain specified dates, and that no part of them has been paid.

The second cause of action seeks to recover judgment for the same sum of $2,880 alleged to have been advanced to the irrigation district at its special request, no part of which has been paid. In other words, the second count is a suit in

assumpsit

for money had and received.

The demurrer is general and special in character. It asserts that the complaint fails to state facts sufficient to constitute a cause of action; that the court is without jurisdiction over either defendant; that there is a misjoinder of parties defendant, and that the complaint is uncertain in that it cannot be ascertained therefrom what terms or conditions the coupons contain or from what dates the interest thereon is to be computed; how the Glenn-Colusa Irrigation District became obligated to pay these interest coupons; to what officers or parties the coupons were presented for payment, or whether an assessihent has ever been levied by the irrigation districts for the payment of these coupons.