Butcher

The court below sustained a demurrer to plaintiff’s complaint, without leave to amend, and this appeal is from the judgment, for the purpose of reviewing the order sustaining the demurrer.

The action was brought to foreclose a lien for money paid out by plaintiff for destroying certain scale and other insects found upon the trees in defendant’s orchard, the lien being claimed under the provisions of the act of March 3,1897, entitled “An act to promote the horticultural interests of the state, by providing county boards of horticulture,” etc. (Stats. 1897, p. 244.)

It is said by appellant that the court below sustained the demurrer upon the ground that the act was unconstitutional, and as the court denied the plaintiff leave to amend, it would seem that the contention is correct. The point may be regarded as settled by this court in County of Los Angeles v. Spencer, 126 Cal. 670 , which case was decided a few days after the court made the order sustaining the demurrer in this case. We regard the reasoning of the court in that case as correct, and it is not necessary to further discuss the question. Other objections, however, are made to the complaint, which we will notice in the…