Welch
Welch v. County of Santa Cruz
Opinion
Lead Opinion
Kerrigan, J.
This is an action instituted for the recovery of the sum of five hundred dollars, which the plaintiff alleges he expended and paid out in the discharge of his official duties as fish and game warden of the defendant, the county of Santa Cruz, for the twenty months from and including June, 1909, to December, 1910, and for the month of April, 1912. The action is based upon a claim for the aggregate of the items covering the whole of the period filed with the board of supervisors of the county by plaintiff on the twenty-seventh day of April, 1912.
The board allowed the claim in a sum of $25 only. The items constituting the claim were set forth in detail in an exhibit attached to and made a part of the complaint.
Defendant interposed a general and special demurrer to the complaint. One of the grounds of the demurrer is “that the claim or claims set forth in the complaint and the cause of action based thereupon as set forth in the said complaint are barred by the provisions of secs. 4075 and 4076 of the Political Code of California.”
The demurrer was overruled by the court, whereupon the defendant answered, and after trial judgment went for the plaintiff in the amount of his demand.…