The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1896-10-03
1ElR-R[ACH|NG DECISION
Bearing Upon a Case Now
on Trial
riverside IND san BtRAARD|N0
unincIuded Assets Cannot Be
Added After
COMPLAINT HAS BEEN FILED
Jhoash Uakuown At til, Time Such As.
sets Are Unavailable
npGbf cas Only Be Had by Appeal to the
Legislature
MISUNDERSTANDING This Decision River
side Amends its Complaint Against
San Bernardino County-To Be
unincIuded Assets Cannot Be
Added After
COMPLAINT HAS BEEN FILED
Jhoneh uakuown at til, Time Such As
80 sets Are Unavailable
npt(sf cas Osiy Be Had by Appeal to the
Legislature
Notwithstanding This Decision River
side Amends Its Complaint Against
San Bernardino County-To Be
Passed Upon Later


San Bernardino County-To Be
Passed Upon Later
A very brief synopsis Of q most i'm
portaut decision handed down by the
supreme court in the suit of Orange
county, appellant, vs.the county Of Los
Angeles, respondent. was telegraphed
from San Francisco two days ago, and
yesterday the decision itself was on
l1le in the Office of the supreme court In
This city.
Many Of the points are Of great i'm
portance, and rather oddly the decision
reached the city just in time to be used
IN the case now on trial in department
six. wherein Riverside county is seek
ing to recover from San Bernardino
county thessum Of $4,000.
Before closing its case the plaintiff
amended its complaint by adding an
item, Of $4,000, this amount having been
paid into the treasury of San Bernardo
no county by the railroads as assess
inents for the years 1867, and of this
plaintiff claims 81 per cent. The defend
ant county objected to this matter being
considered by the court, for the reason
that the payment having only been
made In the early part of the present
year twas not included in the River
sides complaint, and consequently could
Eets fall within the purview of the court.
To sustain this contention the decision,
above alluded to, was introduced to
chew that the supreme court in ruling
II u xyerv h1 Cd n
the. legislature alone could deal with a
matter Of that kind.
Judge Mckinley permitted plaintiff
70 amend its complaint, but refused to
make Q. ruling that would mutilate the
case, when he might himself have to
adjudicate and assess the rights of the
respective parties, if the matter was not
recommitted to the commissioners.
The following is the supreme court
decision in full, as written by Commits
sioner Belcher concurred in by Commits
sioner Searle, and affirmed by Justices
Harrison, Van Fleet and Garroutte:
This Is an action to recover from the
defendant the sum of s1903.70, alleged to
be the plaintiffs proportion of 1902. 43
recovered from the state of California
as repayment of money expended by
Los Angeles county in providing for
the support Of aged persons in INDECENT
circumstances between the 30th day of
June 1888, and the 18th day of March,
1880
"A general demurrer to the complaint
was interposed and sustained, and
plaintiff declining to amend judgment
went for defendant, from which the
plaintiff appeals.
."rhe facts alleged in the complaint
are as follows:
Orange county was created out of
territory which had constituted a part
OF Los Angeles county, under the pro-
visions of an act of the legislature, ap-
proved March II, 1889. After it's organ
ization was completed, commissioners
were appointed, as required by the act
to ascertain and adjust the respective
liabilities Of the two counties. On June
:, 1890, the commissioners made a de-
taiied report or the acts as aScertained
by them, showing, among other things,
that the amount due from Orange
county to Los Angeles county on March
u, 1889. was s15,5S1. This amount was.
however by supplemental report, re-
duced by deducting therefrom $500, and
the balance so found to be due was
thereafter paid by plaintiff to defend
ant,
7ss'In. March, 1892, the defendant re-
ceived from the state of California the
sum OF $lS,0S2.43 as aid granted by the
state and as repayment Of money ex-
pended by defendant in providing for
the support of aged persons in INDECENT
circumstances for the period of time
from the: Both day Of June, 1888. to the
11th day of March, 1889
Inc money so received by defendant
was NOT included In the division of the
assets between the PLAINTIFF and de-
PENDANT by the said commissioners. and
u u aHeged, on information and belief
that the claim against the state for such
money was not known to exist by either
o. the parties to the action or by the
gsia commissioners at the time the said
division OF. assets was made.
q Under the provisions of said act. and
under the proportion established by
SAID commissioners, plaintiff is entitled
e little more than one-tenth of said
money as its share and proportion there
q. amounting to $1903.70, for which sum
defendant Is indebted to plaintiff as.for
money had and received, with interest
thereon. COZ
On the 25th of April, 1892, plaintiff
pfesented to the board Of supervisors of
eefendant and filed it's claim, duly yeri-
neq ana itemized, for the sum of money
Last named, and the same was disai.
lowed by said board in DECEMBER 7oi
loving, and no part thereof has ever
Doen paid to plaintiff, but the whole
unpaid. oue aiu
y 'sBy section seven of the act to create
grange county 1t is provided that: They
Total amount of indebtedness of Los
angeles county existing at the time
this act takes effect, and also the total
amount of indebtedness of Los Angeles
county existing at the time this act
takes effect; also total value of all as
sets Of said county including real estate
buihings and bridges erected or in pro,
8rees Of erection, money and solvent
cfe6tts OF whatever nature, and anv
other property belonging to the said
county of Los Angeles. They shall also
aicertain the assessed value of ali prom.
1rty In Los Angeles county under the
assessment made in 1888, and also the
AaeeesNd value OF the property under the
came assessment assessed in the terri
tory hareby set apart to form Orange
county. They shalr then find the balance
q the total assets and indebtedness of
Los Angeles county, and II there is a
:4alapce Of indebtedness against said
NRuntys the same shall be divided be-
fNAqn the two counties according to the
4dlloWings proportion: Said
ini1liouara shall then certify forth
~ ~ t64 faspective boards OF super
vteott Rk counties of Orange and
- AAGo5e6 saseh amounts OF the said