Brown

This is an appeal by the defendant from a judgment entered against it upon its failure to answer after the overruling of a demurrer which it had interposed to the plaintiff’s complaint. The question is therefore as to the sufficiency of the complaint.

The complaint alleged in brief that the plaintiff was the owner of a one thousand dollar bond issued by the defendant, a public irrigation district, and that the bond had been lost, and prayed for a decree directing the issuance to the plaintiff of a new bond, and the cancellation of.the one lost. The prayer and certain of the allegations of the complaint make it certain that the plaintiff had in mind to proceed under section 329 of the Civil' Code. That section provides that “whenever a bond ... of a corporation . . . has . . . been lost or destroyed in this state by fire, earthquake, or other calamity, the owner thereof may bring an action against such corporation . . . for the purpose of obtaining a new or duplicate bond. ...” The principal ground of demurrer to the complaint was that it alleged merely that the bond had been lost or destroyed, and not that it had been lost or destroyed in this state, or in any calamity such as a…