Rice

The plaintiff brought this action to recover from the defendant its proportionate share of the cost of surveying and definitely marking out the boundary line between the counties of Humboldt and Trinity on the one side and the county of Mendocino on the other side. The defendant demurred to the complaint on various grounds, and the demurrer was sustained. The plaintiff declined to amend, and thereupon judgment was entered that he take nothing by his action-, from which he appeals.

The facts stated in the complaint are in substance as follows: Each of the counties named was, at all the times mentioned in the complaint, a body corporate and politic, and an organized county of the state of California. The southern boundary line of the counties of Humboldt and Trinity is coincident with the northern boundary line of the county of Mendocino, and is the fortieth parallel of north latitude. The *249 whole length of this boundary line is fifty-seven and four hundred and ninety-two thousandths miles, and the length of it between the counties of Humboldt and Mendocino is twenty-five and seven hundred and twenty-five thousandths miles, and between the counties of Trinity and Mendocino is…