Adams

Action to abate a nuisance and for damages. Plaintiffs had judgment, from which, and from the order denying its motion for a new trial, defendant appeals.

Defendant demurred to the complaint for insufficiency of facts, and in the Specifications in support of the motion for new trial it was specified “that there is no evidence that any claim was ever presented to the defendant city for the damage claimed by plaintiffs.” The city of Modesto is a municipal corporation of the sixth class, and comes within the provisions of the act of March 13, 1883 (Stats. 1883, p. 93), subchapter 7, at page 266 et seq. Section 864 provides as follows: “All demands against such city or town shall be presented to and audited by the board of trustees, in accordance with such regulations as they may by ordinance prescribe; and upon the allowance of any such demand the president of the board shall draw a warrant,” etc. Section 878 provides, among other things, that “the clerk shall also keep a book, marked ‘Demands and Warrants,’ in which he shall note every demand against the city or town, and file the same. He shall state therein, under the note of the demands, the final disposition made of the…