County of Yolo v. Joyce

LORIGAN, J.

This is an action brought by the county of Yolo to recover from the defendant, Hallie E. Joyce, certain money claimed to have been illegally paid to her under an order of the board of supervisors of that county. On April 18, 1906, and for some time prior thereto there was on trial

[430]

in the superior court of Yolo County a criminal case entitled “People etc.

v.

Dean McGrew,” the further hearing of which, on account of' legal holidays declared by the governor following the earthquake in San Francisco and along the coast, it was necessary to adjourn for a considerable period of time. The trial was resumed on June 13, 1908, and the then district attorney of Yolo County who was prosecuting the case, in anticipation of the resumption of the trial, directed the defendant Hallie E. Joyce, who was the phonographic reporter of the superior court, to transcribe the testimony of the witnesses who had theretofore testified, for the purpose of having such testimony read to the jury to refresh their minds. The district attorney considered it necessary to have such transcription made and it was read to the jury.

On June 29, 1906, the defendant Hallie E. Joyce presented a claim to the board of supervisors for $309 for the transcription of such testimony, upon which claim the then district attorney made an indorsement reciting that the transcript for which the bill was presented was used by him “in the prosecution of Dean McGrew and was necessary in the conduct of the trial of said McGrew.” The claim was allowed by the board of supervisors and a warrant issued for the amount, which was paid on July 4, 1906.

A demand was subsequently made on the defendant to pay back the amount of said claim to the county, which she refused to do, and this action was brought to recover it.

The court found the above facts, and, in addition, found “that the amount claimed for said alleged service . . . was not an expense necessarily incurred by the district attorney of Yolo County in the detection of crime or in the prosecution of a criminal ease.” Judgment was entered for the plaintiff, from which, and from an order denying her motion for a new trial, the defendants appeal.