Ferguson

P laintiff, as a taxpayer, commenced an action against defendants, seeking certain relief to be herein more fully detailed. Defendants filed a general demurrer to the complaint, which demurrer was sustained by the court below and plaintiff was allowed ten days to amend. Plaintiff declined to amend, and, the time elapsing, a judgment was entered that plaintiff take nothing and that the relief sought be denied.

The question before us for review is on the sufficiency of the complaint as against a general demurrer.

The complaint alleges: That the plaintiff is a ' citizen, resident, and taxpayer and at all times was such in supervisor district No. 1 of Marin County, alleging, likewise, the division of the county into supervisor districts as by law provided.

That the defendants named constitute the board of supervisors of said Marin County, and that the additional defendants are treasurer and auditor of Marin County, the remaining defendant being a person who was a supervisor at the time of the proceeding complained of but since out of office.

Then follow the allegations by which the cause of action is sought to be embodied, namely :

Plaintiff further alleges that for the purpose…