County of Tulare v. County of Kings

This is an action brought by plaintiff against defendant to enforce a claim for a portion of the bonded debt of plaintiff. The complaint alleges: That by act of the legislature (Stats. 1875-76, p. 26) plaintiff was authorized to issue and did issue $75,000 of bonds to build a courthouse, and by another act (Stats. 1877-78, p. 198) was authorized to issue and did issue road bonds to the amount of $31,000; that by act of the legislature (Stats. 1893, p. 176) the county of Kings (defendant) was created wholly out of Tulare county (plaintiff), and was fully established May 29, 1893; that on this last date there were outstanding $22,000 of said courthouse and $5,000 of said road bonds; that between May 29, 1893, and September 18, *196 1895, plaintiff paid on account of said bonds $14,472.46; that taking the assessment rolls of the two counties as a basis of computation, the amount or proportion due from defendant was $4,615.22, which, with interest added, would make $5,049.61 due on October 11, 1895; that on the last-named day plaintiff presented its claim to the board of supervisors of Kings county (defendant) for said sum, which was rejected on November 7, 1895, and on November 23,…