County of Humboldt v. Kay

Appeal from an order sustaining a demurrer to a cross-complaint and granting a motion to strike out said cross-complaint.

Plaintiff’s amended complaint alleged that defendant Kay, the county clerk of plaintiff coirnty, had converted to his own use certain moneys belonging to the county; that prior to said conversion and on October 11, 1934, Kay, as principal, and defendant Maryland Casualty Company, as surety, had made, executed and delivered a bond conditioned for the faithful performance by said Kay of all of the duties of his office as county clerk; also that prior to said conversion and on…