Jack

This action was brought "to recover a license tax of sixty dollars for conducting a liquor saloon for three-quarters of a year, for which sum it is alleged defendant is indebted to the plaintiff under and by virtue of the county ordinance which was considered and passed upon in the case of County of San Luis Obispo v. Greenberg et al., ante, p. 300, just decided.

The action was commenced in a justice’s court and transferred to the superior court, where judgment was entered in favor of Ibe plaintiff for the sum demanded; and the appeal is from the judgment on the judgment-roll.

After setting out the passage and publication of the said ordinance, the complaint alleges: “That continuously and at all times since the first day of July, 1896, at and in said county and township, said defendant has been continuously, and now is, engaged in conducting the business of selling spirituous, malt, fermented, and mixed liquors, and has continuously kept and now keeps a saloon and a place of public resort where such liquors are sold and given away, and has at said saloon and place of public resort sold and given away such liquors every day and night since *308 the date last aforesaid, in…