County of San Bernardino v. Sapp

WAITE, J. pro tem *

Plaintiff filed this action on a common count, alleging that defendant Walter Penn Sapp was indebted to plaintiff for money had and received by Sapp in the sum of $3,336, with interest thereon from February 1, 1954. The answer is a general denial and in addition raises the defense of the statute of limitations. Walter Penn Sapp died while the trial was pending and the executor of his estate was substituted as defendant, whereupon a pleading entitled “Amended and Supplemental Complaint (Second amendment) ’ ’ was filed, alleging the indebtedness, the presentation of a…