County of Riverside v. Yawman & Erbe Manufacturing Co.

This is an appeal by plaintiff from an order sustaining a demurrer to the complaint and judgment thereon in favor of defendant.

The material facts involved are these: The board of supervisors of Riverside county purchased, without preliminary publication or competitive bidding, certain furnishings for use in the county offices in the courthouse of that county. The agreed price and value thereof, as shown by a verified claim, was by the district attorney certified as a proper charge against the county. The board allowed the claim and the same was regularly paid by the treasurer. A grand jury of the county subsequently determined that such payment was without authority of law and directed the district attorney to institute this suit for the recovery of the amount paid, together with a penalty of twenty per cent. Their action and this suit is based upon section 8 of the county government act of 1897, which provides: “. . . whenever any county officer has drawn any warrant ... in favor of any other person, without being authorized by the Board of Supervisors, or by the law, and the same shall have been paid, the district attorney of such county is hereby empowered ... to institute…