Shinn

This action was instituted by the district attorney of the plaintiff to recover from the defendants the sum of $416.25, money alleged to have been paid to them out of the plaintiff’s treasury without any authority of law, and twenty per cent damages for the use thereof, as provided in section 8 of the County Government Act. (Stats. 1883, p. 300.)

The court below gave judgment for the defendants on demurrer to the complaint, and the plaintiff appeals.

*511 The facts alleged in the complaint are, in substance, as follows: That the defendants were attorneys at law residing in the county of Lassen, and doing business therein as partners; that on the sixth day of July, 1889, the plaintiff’s board of supervisors made and caused to be entered on its minutes an order which reads as follows: “It is ordered that Shinn & Hasten be and they are hereby authorized to collect all moneys now due to Lassen County from the state of California on account of keeping indigent persons, and that the auditor draw his warrant in favor of Shinn & Hasten for fifty per cent of all moneys collected by them”; that the order was made against the express wishes, advice, and consent of the district attorney,…