103 Cal. 538 | Cal. | 1894
The superior court did not err in striking from the complaint the matter objected to as irrelevant and redundant. The action was to recover for services rendered in publishing the list of nominations required to be published by the county clerk
We think, however, that the complaint was not open to the objections raised by the demurrer, and that the latter should have been overruled.
The objection that the cost of the publication provided for by the act is not made a county charge is untenable. It is a part of the county advertising, and falls within the provisions of subdivision 23 of section 25 of the County Government Act (Stats. 1891, p. 305), by which the supervisors are authorized to provide for such advertising. Nor is it any ground of demurrer that it is not alleged that there was money in the county treasury to meet the demand, or that the allowance of the demand against the county would not exceed the limit of liability which the county was authorized to contract for the fiscal year. This was purely matter of
Judgment reversed, and cause remanded, with directions to the lower court to overrule the demurrer.
Harrison, J., and Garoutte, J., concurred.
Hearing in Bank denied.