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COLUSA COUNTY v. DE JARNETT

         The allowance of the claim by the board renders the matters set out in the complaint res adjudicata, and is conclusive. (Tilden v. Supervisors of Sacramento County , 41 Cal. 68; Hornblower v. Duden , 35 id. 664; El Dorado v. Elstner , 18 id. 144; Falls v. Paine , 23 id. 302.

         OPINION          By the Court, (from the Bench):

         The action was brought to restrain defendant, as County Auditor of Colusa County, from issuing a warrant in favor of W. G. Dyas, upon a claim in his favor, which had been allowed against the county for legal services rendered by him in behalf of the county, in an action to which it was a party. No contest was made against the claim itself. When the Board of Supervisors of the county allowed it, they acted as a quasi -judicial body, and their allowance and settlement was an adjudication of the claim, which is conclusive. (Subd. 12, § 4066, Pol. Code.)

         There is nothing in the complaint to authorize the interposition of a Court of Equity, and we are of the opinion that the Court below properly sustained the demurrer to the complaint.

         Judgment affirmed.

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Colusa County v. De Jarnett
(Apr 1, 1880)