Herrington v. Santa Clara County

Citations

• 44 Cal. 496

Syllabus

<p>Duty of District Attorneys—It is not the duty of the District Attorney to prosecute or defend civil actions in which the county is interested, which are pending in any other county than his own.</p> <p>Board of Supervisors may Employ Attorneys.—The Board of Supervisors of a county have a right to decline the services of a District Attorney when tendered in a civil action in which the county is interested, pending in another county, and have a right to employ other counsel.</p> <p>Commissions of District Attorneys.—The statute does not allow the District Attorney commissions on sums paid into the County Treasury by the debtor, on a compromise made by the Board of Supervisors in good faith, pending an action brought by the county to collect an amount claimed due.</p> <p>District Attorneys’ Commissions where Case is Settled.—If the District Attorney is entitled to commissions when he brings a civil action to recover money due the county, and a compromise is effected by the Board of Supervisors attributable solely to the litigation, and the money is paid into the County Treasury for the purpose of depriving him of his commissions, such averments must be made in the complaint, in an action brought to recover these commissions, as will show such facts to have existed.</p> <p>Idem.—In such case an averment in the complaint, that a certain sum was collected by means of said action, which amount was paid into the County Treasury in pursuance of a compromise made by the Board of Supervisors while the action was pending, is not sufficient.</p>