Lynch v. Butte County

In this case the defendant demurred to the complaint for want of facts; the demurrer was sustained, and, plaintiff declining to amend, final judgment was entered in favor of the defendant, from which the plaintiff appeals. The only question to be decided is, whether the complaint states a cause of action. Its material allegations are that, in the year 1892, the plaintiff was assessor of Butte county; that it was his duty, as assessor, to make and complete the assessment-roll of said county, between the first Monday of March and the first Monday of July; that for such purpose the assistance of deputies was necessary; that the board of supervisors failed to authorize their appointment; that plaintiff appointed four deputies, whose services' were reasonably worth five dollars per diem, which amounted, for the time they were necessarily employed, to two thousand four hundred dollars, which *447 sum he paid them; that he afterwards presented to the board of supervisors a demand properly itemized and verified for said sum, which was rejected.

Upon these facts the appellant contends that he was entitled to judgment against the county for two thousand four hundred dollars, and he bases…