Brewer

The object of this action is to recover from the defendant penalties aggregating the sum of $3,360 for the alleged violations of the provisions of ordinance No. 98 of the town of Selma, entitled, “An Ordinance for Police Regulation, Relating to and making unlawful the keeping of places where intoxicating liquors are sold; the sale of intoxicating liquors, the storing, providing and having intoxicating liquors to be sold, or at all, except in certain cases, in the Town of Selma, County of Fresno, State of California, and within the corporate limits of said Town; Providing penalties for breaches thereof and for the recovery of said penalties,” etc.

A general and special demurrer was sustained to the complaint, without leave to amend, and judgment thereupon en tered in favor of defendant. From said judgment this appeal is taken.

The purpose of the ordinance upon which this action is: founded is, as is obvious from its title, to suppress the sale of intoxicating liquors of any kind or character within the corporate limits of the town of Selma, except in cases where the same may be used at private residences or required for “medicinal, mechanical or scientific” purposes.

Section 4…