Scott

This is an action brought to recover the amount of certain taxes paid by the plaintiff, under protest, to the tax collector of the county of San Mateo, which taxes had been levied by the board of supervisors of said county for the purpose of payment upon the principal and interest of certain bonds of the San Mateo School District, which bonds had theretofore been duly voted, issued, and sold. The demurrer of the defendant, county of San Mateo, to plaintiff’s complaint was overruled and it failed to answer. In the mean time the San Mateo School District had filed a complaint in intervention, claiming to be the real party in interest in the matter of the levy, collection, and application of said taxes. The plaintiff’s demurrer to the complaint in intervention was sustained by the court without leave to amend, and judg ment was thereupon entered in favor of plaintiff and against the defendant for the sum claimed and that the intervener take nothing by its complaint in intervention. The intervener is the appellant herein.

The facts of the case, as shown by the pleadings of the plaintiff and intervener, are these: The plaintiff is a resident and taxpayer of that portion of the county…