Colusa County v. De Jarnett
California Supreme Court
Appeal from a judgment for the defendant, on demurrer to the complaint, in the Tenth District Court, County of Colusa. Key ser, J. The claim of Dyas (which is attached to the complaint) does not state the date of the services, nor does it appear from the claim itself that the indebtedness accrued within the year before the presentation of the claim; but it apipears, from the allegations of the complaint, that the services were, in fact, rendered within the year.
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Appeal from a judgment for the defendant, on demurrer to the complaint, in the Tenth District Court, County of Colusa. Key ser, J. The claim of Dyas (which is attached to the complaint) does not state the date of the services, nor does it appear from the claim itself that the indebtedness accrued within the year before the presentation of the claim; but it apipears, from the allegations of the complaint, that the services were, in fact, rendered within the year. The complaint alleges that the services were rendered under a private contract with the District Attorney, who paid him in full for…
1Opinion of the Court
By the Court, (from the Bench) :
The action was brought to restrain defendant, as County Auditor of Colusa County, from issuing a warrant in favor of W. G. Dyas, upon a claim in his favor, which had been allowed against the county for legal services rendered by him in behalf of the county, in an action to which it was a party. No contest was made against the claim itself. When the Board of Supervisors of the county allowed it, they acted as a quasi-judicial body, and their allowance and settlement was an adjudication of the claim, which is conclusive. (Subd. 12, § 4066, Pol. Code.)
There is…
2Cited by14 opinions
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