Smeltzer

The plaintiff, as a citizen and taxpayer of said county of Monterey, brought this action to enjoin the defendant auditor, perpetually, from drawing his warrant upon the county treasurer in favor of one W. J. Hill for the payment of his claim against the county for having published the delinquent tax list for the year 1894-95, which claim, for the sum of four hundred and sixty-six dollars and sixty-five cents, had been formally allowed by the board of supervisors of that county.

The court sustained a general demurrer to the complaint, dissolved the temporary injunction, and rendered judgment in favor of defendant. Plaintiff appeals from the order dissolving the injunction, and from the judgment.

Whether or not the court erred in sustaining the demurrer is the only question involved or presented; and this is reduced to the question whether the complaint shows that the demand of Hill for having published the delinquent list was not a lawful charge against the county.

The claim of Hill was for having published the delinquent list four weeks immediately preceding June 20, 1895, as to which the complaint contains the following:

It is further alleged in substance that the defendant…