Pollok

The plaintiff, Allan Pollok, as the assignee of J. E. Deakin, an attorney at law, recovered a judgment in the superior court against the city of San Diego for the sum of sixteen hundred and thirty-one dollars and twenty-five cents, found to be a balance due tbe plaintiff as such assignee for legal services rendered to said city by said Deakin, and from said judgment tbe city appeals on the judgment-roll.

Appellant’s contention is, that the findings do not support the judgment.

The court found that on March 10, 1891, the common council of said city employed Mr. Deakin as its special counsel and attorney in a certain action then pending against the city, by adopting and recording the following joint resolution:

It was further found: “That said joint resolution was never presented to the auditor of said city, and did not have at the time of its passage a certificate of said auditor indorsed thereon or at *595 tached thereto: that the liability thereby created against said city could be incurred without the violation of any of the provisions of the charter of said city.” That on or about the 17th of March, 1891, the board of aldermen and board of delegates duly passed an ordinance…