Welch

This is an action brought by the county of Colusa, through its district attorney, to restrain the defendant, as treasurer of said county, from paying to one F. S. Sprague the sum of one thousand dollars upon a warrant issued by the *429 auditor of said county on said treasurer and payable to said Sprague. A demurrer was sustained by the court to the second amended complaint of plaintiff, and a judgment entered in favor of defendant dissolving a restraining order theretofore issued therein, and for costs. Plaintiff appeals.

The action is brought under section 8 of the act of March 31, 1891, entitled: “An act to establish a uniform system of county and township governments.” (Stats. 1891, p. 295.) The latter clause of that section makes it the duty of the district attorney to institute a suit to restrain the payment upon warrants or orders issued without authority of law.

The amended complaint to which the demurrer was sustained, in addition to the merely formal parts thereof, alleged in substance that on the first day of April, 1893, one F. S. Sprague filed his claim, duly verified, against the county of Colusa for “services as special counsel in matters pending before the last…