Smeltzer

All the questions involved in this appeal were stated by this court, thoroughly discussed and settled on the former appeal herein. (Smeltzer v. Miller, 113 Cal. 163 .) Prior to that appeal the trial court had sustained a demurrer to the complaint, and this court, after reciting parts of the complaint, held that it stated a cause of action and that the demurrer should have been overruled. It appears that on the return of the case to the trial court an answer was filed and a trial had, and the fifth and sixth findings of the court are as follows:

These findings show that the printing of the tax list was not even awarded to the newspaper mentioned, and, further, that there was no advertising for bids, no contract made with the boad of supervisors for printing the tax list, that section 3766 of the Political Code, as amended in 1895, was not complied with, and that the complaint as set out and held sufficient in the former opinion of this court was absolutely true. This court has had occasion to approve its first decision herein in the case of Harris v. Cook, 119 Cal. 454 .

The ease at bar is clearly distinguishable from Power v. May, 114 Cal. 207 , and the other cases cited by…