County of Humboldt v. Stern

[64]

VAN DYKE, J.

This was an agreed case, submitted to the court below without action, pursuant to section 1138 of the Code of Civil Procedure.

The stipulated facts are, briefly, as follows: Humboldt County had a claim against the state for the support of abandoned orphans, half-orphans, foundlings, and aged indigents, under an act approved March 25, 1880, (Stats. 1880, p. 13,) and acts amendatory thereof in 1883 (Stats. 1883, pp. 57-380). The amount of the claim was about ten thousand dollars. The board of supervisors, being desirous of collecting it, solicited the opinion of the district attorney as to whether the labor of collecting the data for preparing the claim and securing its payment rested upon any one of the county officers, and he rendered an opinion that it did not. The defendant was then, and during all the times covered by this transaction, county clerk and

ex officio

clerk of the board of supervisors of said county, and was not an attorney at law. It is recited that the necessary data to be collected were scattered through the minutes of the board of supervisors, and part was to be obtained from inquiries outside of the minutes; that the board knew no one other than the defendant who was competent to do the work, and the individual members of the board spoke to defendant to assist the county in collecting the said claim. The defendant was reluctant to undertake it, inasmuch as he was required to perform his regular duties as. county clerk, and was afraid also that he might not get his pay. He was assured, however, by the individual members of the board of supervisors that they would see that he was paid. Thereupon defendant collected and prepared the data upon blanks furnished by the state for that purpose, and the county obtained its money thereon. No formal contract was made between the defendant and the board of supervisors, but the defendant presented to the board his bill in due form for $486.50, and it was allowed and paid, and it is agreed that the services rendered by the defendant were reasonably worth that sum, arid that there was no collusion between the defendant, and the board, but that all parties acted in the utmost good faith; and that one of the supervisors, before the bill was allowed, presented it to the grand jury, and that body indorsed the same and recommended it be paid. The proceeding is to recover back what was so paid to defendant.