Evers

The court below sustained a demurrer to the amended complaint, and plaintiff declining further to amend, judgment was entered for defendant. This appeal is from the judgment. It appears from the complaint that defendant, as coroner, in January, 1894, presented in due form, and duly verified, a claim against the plaintiff, which claim was duly itemized, and was for certain alleged services performed by defendant in his official capacity. The claim was for the total sum of $230, and was duly passed upon and audited by the board of supervisors of the county, and a warrant ordered drawn in defendant’s favor for the amount. The auditor accordingly drew his warrant upon the treasurer, and the same was, upon presentation, duly paid.

The claim included various items for services, which upon their face were a legal charge against the county, but, it is alleged, the services were never performed. Among such items are ten dollars for holding an inquest upon the body of Peter Petroff, deceased; ten dollars for holding an inquest upon the body of Henrietta Kraft, deceased, and a number of items of five dollars each for the removal of the remains of various named deceased parties to the…