Hansen

Hansen v. Carr

Good Law
1925 Cal. App. LEXIS 240·73 Cal. App. 511·238 P. 1048
Court of Appeal of CaliforniaJuly 7, 1925Docket No. 5220.California2,569 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff brought this action as a citizen and taxpayer of the county of Humboldt against the county auditor, the county treasurer and six members of the board of supervisors of the county, one of whom had succeeded another during the time over which the controversy extended. The complaint was framed upon the theory that certain illegal claims against the county had beeii authorized by the board of supervisors, audited by the county auditor and paid by the county treasurer. The purpose of the action was threefold: To restrain the allowance, auditing and payment of similar claims against the county; to have an accounting of the moneys paid by virtue of the claims so allowed, audited and paid, and to recover for the benefit of -the county the moneys so found to have been illegally paid. The case comes to us on the amended complaint, to which the demurrers were sustained and upon which judgment was entered in favor of the defendants and the intervener, J. F. Quinn, who came into the proceeding for the purpose of defending against plaintiff’s third alleged cause of action.

This amended complaint contains three distinct and separate causes of action. The first cause involves the…

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