Liebman

The plaintiff commenced an action against the defendants to abate the courthouse of Alameda County, alleging it to 'be a nuisance. The defendants appeared and interposed a demurrer to the plaintiff’s second amended complaint. The demurrer was sustained without leave to amend, and from the judgment entered thereon the plaintiff has appealed.

Among other things, it is alleged that Alameda County is a subdivision of the state; that the personal defendants are the supervisors of Alameda County; that plaintiff is an attorney at law, practicing before the courts of Alameda County, and in particular before the courts located in the courthouse; that the courthouse was built in 1868; that it consists of two stories and a basement, and that there is a cupola thereon weighing six tons; that the joists of the floor are rotten; that a portion of the roof is rotten; that the foundations of the cupola are crumbling and giving way ; that the stairway is weakened; that pieces of the plaster in the ceiling are constantly falling; that the floor trembles when walked across; that' the roof leaks; that the sanitary system is inadequate; that the courtrooms are dark; that the acoustic properties in…