Arizona silver belt., 1894-03-10
THE LEGAL CALENDAR.

Afh'et ANN %hNNC'shNe afVftAA s'tit1 Ai oN half of Gila County, has entered suit in the District Court of the Second Ju. dicial District of Arizona, against Ed ward H. Cook, Charles k. Taylor, and ! c. c. Tebbs, the Board of Supervisors, to recover $500 paid from the county 1 treasury, and further to enjoin them from ordering paid an additional $500 involved in contract between Street & Cox, attorneys al law, and Gila County. The suit has been instituted in accordance with the directions of a law passed by the Seventeenth Legis. lature regulating the payment of pub. lie moneys and outlining the duty ot the District Attorney of any county in case such moneys shall have been paid contrary to provisions made in the statutes of Arizona Territory. By request the BELT publishes tho text of the complaint. It is as follows !.
 The plaintiff above named complains of the defendants herein and for cause of action alleges:
 l. That plaintiff is a body polite and corporate, and as such is entitled to the relief hereinafter demanded.
 3. That the defendants are now and were at ali the times hereinafter men- toned residents of Gila County, Yer. ritory of Arizona and are and were at all time and times herein alleged, the duly elected, qualified, and acting Board of Supervisors of said Gila County.
 3. That on the End day of January A. D., 1894, the defendants while act ing as said Board of Supervisors, all lowed the firm of Cox X Street, attor- neys at law residing in Phoenix, a claim of five hundred dollars, and or dered the said sum of five hundred dollars, paid out of the expense fund of the moneys belonging to said plain tiff, then in the County Treasury of said Gila County.
 l. That afterwards and before the commencement of this suit, the said defendants, as such Board of Snperyi- sors, ordered warrant drawn for said sum of five hundred dollars, which said warrant was presented to the Treasurer of said Gila County, and by said Treasurer paid in full on the 9th day Of January 4. D. 1891.
 2. That the action of the defendants, in allowing the said claim of Cox & Street, and ordering the same paid out of the Treasury of said Gila County, was and is illegal and void, end with out authority oflaw, and a fraud upon plaintiff
 (. That the said claim of Cox & Street, was not legal or just claim or demand, against the plaintiff, and was not due from the plaintiff to said Cox & Street, all of which the defendants well knew to be true at the time of the allowance thereof by them as said claim of Cox & Street, with the en- dorsements thereon, is herennto at tached, marked Exhibit "A" and made a part hereof
 ' That by reason of the illegal ac- tion of the defendants, as such Board of Supervisors, in allowing and order. ing paid said ciaini of Cox X Street, and the payment thereof by the Coun- ty Treasurer, the defendants became and are justly indebted to plaintiff in the sum of five hundred dollars, with legal interest thereon, from the 9th day of January A. D., 1894.
 8, That the defendants as such Board of Supervisors, have heretofore allowed and ordered paid out of the Treasury of said Gla County large sums of money, which said claims up- on which said allowances were made, were not legal demands against plain tiff, and the defendants now threaten to allow the said Cox & Street, anoth- CT claim of five hundred dollars, simi- lar to the one hereunto attached, and marked Exhibit "A, and threaten to order the same paid out of the Treas ury of said Gila Coenty, which said claim is Illegal and not 8 proper charge or demand aganst plaintiff; that the defendants will unless restrained by order of the Court allow said claim and order the same paid out of the Treasury of said Gila County, whereby the plaintiff will suffer irreparable in jury and indeterminable loss.
 Wherefore the plaintiff prays judg- ment against the defendants
 1st. For the said sum of five hun dred dollars so illegally paid out of the treasury of Gila County, for twen ty per cent additional thereon, as al- lowed by law, and for interest thereon at the rate of seven per cent. per an4 nun from the 9th day of January A.. D. 1894.
 2nd. That the defendants be per petually enjoined from allowing or ordering paid out of the Treasury of Gila County the said sum of five hpn- dred dollars so threatened 10 be paid out of the same to the said Cox & Street and for twenty per cent. addi- tional thereon as allowed by law.
 3rd. For costs of suit.
 PETER T. ROBERTSON District Attorney of Gila County and
 Attorney for Plaintiff.
 
 (EXH1BIT "A'')