Wilson

Appeal by plaintiff as a taxpayer from a judgment for defendants in an action for declaratory relief and to recover public moneys allegedly paid out without authority of law. Recovery is sought from defendant William Gr. Sharp of salary paid to him. Liability is sought to be imposed on defendants Clifford N. Amsden, Secretary and Chief Examiner of the Civil Service Commission of the County of Los Angeles, and Joseph M. Lowery, Auditor of the County of Los Angeles, for causing to be paid and paying the salary to Sharp.

The second amended complaint in substance alleges:

Recovery was sought for the county of moneys paid to Sharp as salary.

The court, after a protracted trial, found: 1. At all times mentioned in the second amended complaint Sharp was a de jure officer or employee of the county. 2. At all times between July 1, 1946, and June 27, 1949, the position of executive assistant county clerk was a position in the classified service of the county. 3. The commission promulgated an eligible list for that position on July 30, 1946. 4. The applicants for the examination were restricted to employees in the department of the county clerk in accordance with rules of the…