County of Marin v. Messner

GOODELL, J., pro tem.

Section 4005b of the Political Code provides in part that whenever the board of supervisors shall, without authority of law, order any money paid as salary, fees, or for any other purposes, and such money shall have been actually paid, it is the duty of the district attorney to institute suit in the name of the county against such person or persons to recover the money so paid and 20 per cent damages for the use thereof. Acting in pursuance of the foregoing provisions the district attorney of Marin County instituted the present suit in the name of that county to recover…