Ballerino

The points urged by appellant upon the re-argument of this case have been fully considered by us, and we think the judgment and order appealed from should be affirmed for the reasons given by us in the former opinion, filed herein on March 9, 1893, and that opinion will stand as the opinion of the court.

Judgment and order affirmed.

The following is the opinion above referred to, rendered in Department Two, on the 9th of March, 1893: —

This is an action by the county of Los Angeles to recover from the defendant Ballerino taxes levied for county purposes in the year 1888, upon certain real property and improvements owned by him in that county. The prayer of the complaint is for judgment against that defendant for the amount of the tax, “ with five per cent thereon for delinquencies, and two per cent per month interest thereon from the last Monday of December, 1888, .... and for a decree . . . . that said real estate be sold, as provided by law,” etc. The *595 superior court gave judgment for plaintiff in accordance with the prayer of the complaint. The defendant appeals.

1. The act of April 23, 1880 (Stats. 1880, p. 136), authorizing the bringing of suits to recover delinquent…