County of Santa Barbara v. Janssens

CONREY, P. J.

This is an action wherein the plaintiff sought to obtain judgment against the sheriff of the county of Santa Barbara and the surety on his official bond, and the defendant Domenica L. Janssens (her husband being also a party defendant), to recover money alleged to have been paid by the county to Mrs. Janssens, pursuant to an order made by the board of supervisors without authority of law. Judgment having been entered in favor of all of

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the defendants, and the plaintiff having appealed therefrom, that judgment was affirmed as to the sheriff and his surety, and was reversed as to the other defendants.

(County of Santa Barbara

v.

Janssens,

177 Cal. 114, [L. R. A. 1918C, 558, 169 Pac. 1025].) Thereafter, Stewart having died and an executrix of his will having been duly appointed and qualified, the superior court, pursuant to an

ex parte

motion of defendant Domenica L. Janssens, made an order that the executrix be substituted in place of Stewart as defendant in this action. We need not now question the propriety of that order, which was made after the judgment in favor of Stewart had become final. Thereupon Mrs. Janssens filed a cross-complaint against the executrix and said surety, which did not allege the presentation of any claim against the estate, to said executrix. Thereafter, Mrs. Janssens presented her claim to the executrix, which was rejected. Thereafter, Mrs. Janssens filed an amended cross-complaint, wherein the presentation and rejection of the claim was alleged. The nature of the cause of. action relied upon is shown by the allegation that Stewart, “as sheriff of said county of Santa Barbara, was indebted to the said cross-complainant in the sum of $1249.49 for services performed as matron at the special instance and request of the said Nat Stewart as sheriff of the said county of Santa Barbara as provided by law, which services were of the reasonable and agreed value of $1249.49.” Prior to the filing of this amended cross-complaint, judgment was entered in favor of the plaintiff, county of Santa Barbara, against Mrs. Janssens for the amount of plaintiff’s demand.