Weaver

The plaintiff, in the months of November and December, 1892, performed certain labor in plumbing, gasfitting, and tinning upon certain engine-houses of the defendant, under an employment by the officers in charge of the fire department of the city, amounting in value to the sum of $4,517.17. Itemized demands therefor, duly verified, were presented to the officers of the defendant, and approved by the standing committee on the fire department of the board of supervisors, but the auditing committee of said board refused to allow the claims, and they were never audited or allowed. The present action was brought to recover judgment against the defendant for the amount of these demands. The complaint was filed May 9, 1893, and the answer upon which the case was tried was filed February 21, 1894. In its answer the defendant sets forth facts showing the sources and amount of the income and revenue of the city and county for the fiscal year ending June 30, 1893, and the different modes in which this income and revenue had been disposed of and expended; and that, not only had this entire revenue and income been exhausted, but that for debts and liabilities incurred during that fiscal year…