Callahan

Callahan v. Broderick

Good Law
124 Cal. 80·1899 Cal. LEXIS 944·56 P. 782
Supreme Court of CaliforniaMarch 20, 1899S. F. No. 1373California1,161 words

Opinion

Lead Opinion

Chipman, J.

Injunction. A demurrer to the amended complaint was sustained, and the court gave judgment for defendant, dismissing the action, from which plaintiff appeals. The amended complaint alleges that plaintiff is a resident' of the city and county of San Francisco and a taxpayer therein and a contributor to and beneficiary of the fund mentioned in thé complaint; on July 7, 1897, the board of police relief and pension fund commissioners of said city and county “passed and approved, to wit, forty demands on said fund, among which aré four demands which are not lawful demands on said fund, and defendant threatens to audit, and is about to audit, said four demands.” Referring to these four demands the complaint proceeds: “They are No. 878, for one hundred and sixty dollars, in favor of J. F. Moran; No. 839, in favor of John Short, for twenty-two dollars; No. 856, for one hundred and fifty dollars, in favor of G-. Clinton; No. 857, for one hundred and fifty dollars, in favor of S. Pomeroy. The Moran demand is for expenses not allowed by law to be paid out of said fund, and does not show on its face the Title, date, and section of the law under which it is drawn.’ The Short demand is…

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