County of Tulare v. County of Kern

Plaintiff instituted this action to recover from defendant the sum of $1379.71 paid to said defendant by the state controller of the state of California in distributing the motor vehicle fuel fund collected by the state of California for the year 1929. The defendant interposed a demurrer to the complaint on the ground that the complaint failed to state facts which were sufficient to constitute a cause of action against the defendant. The demurrer was sustained without leave to amend. Prom the order sustaining the demurrer and dismissing the action plaintiff appeals.

The complaint, which was held to be vulnerable to the attack presented by respondent’s general demurrer alleges that in the year 1929- there were certain persons, firms and corporations who were actually residents of the County of Tulare but who, in applying to the motor vehicle department of California" for registration of motor vehicles owned by them stated their postof6.ce addresses to be in the city of Delano, which is located in the adjoining County of Kern; that the state of California, acting through its state controller in distributing the motor vehicle fuel fund for the year 1929, counted and allotted to the…