Lassen County v. Shinn

Belcher, C. This action was instituted by the district attorney of the plaintiff to recover from the defendants the sum of $416.25, money alleged to have been paid to them out of the plaintiff’s treasury without any authority of law, and twenty per cent damages for the use thereof, as provided in section 8 of the County Government Act. (Stats. 1883, p. 300.)

The court below gave judgment for the defendants on demurrer to the complaint, and the plaintiff appeals.

[511]The facts alleged in the complaint are, in substance, as follows: That the defendants were attorneys at law residing in the county of Lassen, and doing business therein as partners; that on the sixth day of July, 1889, the plaintiff’s board of supervisors made and caused to be entered on its minutes an order which reads as follows: “It is ordered that Shinn & Hasten be and they are hereby authorized to collect all moneys now due to Lassen County from the state of California on account of keeping indigent persons, and that the auditor draw his warrant in favor of Shinn & Hasten for fifty per cent of all moneys collected by them”; that the order was made against the express wishes, advice, and consent of the district attorney, and that the latter asked the board for a reasonable length of time to examine into the question whether there was any money due the county from the state for the support of indigent persons, but the board unlawfully and wrongfully refused his request; that in pursuance of the order the defendants proceeded to collect from the state the moneys due the county for the support of indigent persons, and obtained therefor controller’s warrants for the sum of $832.50, which they delivered to the county treasurer; and that in payment for their services, the county auditor then drew his warrant on the county treasurer for the sum of $416.25, which sum was paid to them in full.

And as ground for equitable relief it is alleged that at the time the order above referred to was made the defendant Hasten appeared before the board of supervisors and stated to them that he did not know, but thought there might possibly be some money due the county from the state for the support of indigent persons by the county; but as it was very uncertain whether anything could be collected, and there were considerable risks in such undertaking, if the board would enter into an agreement to allow and pay defendants fifty per cent of all moneys collected, they would undertake the collec[512]