Welch

This is an appeal from a judgment rendered against plaintiff, after order sustaining defendant’s demurrer to plaintiff’s petition for a writ of mandate. The record affirmatively shows that no application for leave to amend was made.

Plaintiff filed its petition against defendant, as treasurer of the county of San Benito, asking for a writ of mandate to compel defendant, as such treasurer, to pay the state treasurer the sum of $1,460, claimed to be due the state on account of the commitment to, and maintenance in, the Sonoma State Home, of certain children from said county.

The second amended petition was filed August 5, 1910. A demurrer thereto was filed October 21, 1910, which raised the point of insufficiency of the facts stated to entitle plaintiff to any relief, and also the capacity of plaintiff to bring the action.

Subsequently an act was passed, amending certain sections of the Political Code relating to the subject matter of the action, which took effect in April, 1911.

The demurrer was sustained May 10,1911.

Appellant contends that the complaint was not demurrable under the law as it stood when the action was commenced, and also that the sufficiency of the complaint…