Kelley v. Sersanous

Citations

• 5 Cal. Unrep. 485
• 46 P. 299
• 1896 Cal. LEXIS 1115

Syllabus

<p>County Treasurer—Action to Compel Payment of Warrant—■ Evidence.—In an action to compel a county treasurer to pay a warrant, plaintiff alleged that under a contract with the county he had collected certain money due it, for which his compensation was to be fifty per cent; that he presented his claim to the supervisors, who allowed it; that the auditor drew a warrant, and that the treasurer refused to pay it. The answer denied any agreement with plaintiff except a certain written contract, substantially as alleged by plaintiff. The answer averred that such contract was ultra vires and void, denied that plaintiff rendered any services under the contract, and alleged that the county from which the money was collected had instituted an action to” recover it back, and that the same was still pending. The contract with plaintiff did not, on its face, appear to be ultra vires or void. Held, that the pleadings made a prima facie case in favor of plaintiff, and the burden of proof was on defendant to show facts, if any existed, to defeat the case thus made.1</p>