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This action was brought by the public administrator, acting as the administrator of the estate of Daniel J. Harris, deceased; and in form it purports to be an *663 action to obtain an accounting of the transactions between the defendants, A. S. Shorb and his wife, Mattie L. Shorb, and the said Daniel J. Harris in his lifetime. But the main averments of the complaint are that on the thirteenth day of May, 1890, the deceased drew a check for $500, payable to Mattie L. Shorb, and delivered the same to her; that on the third day of July, 1890, the deceased drew another check for $1,288.25, payable to said Mattie L. Shorb, and delivered the same to her; and that also on said third day of July, 1890, the said deceased delivered to said Mattie L. Shorb a certain certificate of deposit for $25,000; that said A. S. and Mattie L. Sliorb claim that said two checks and said certificate were delivered to the said Mattie L. by the deceased as gifts; but that they were not given to said Mattie L. as a gift, and always remained a part of the property of the deceased until his death, and since then have been assets of his estate. Several banking companies were also made defendants, upon averments…