Johnson v. County of Yuba
Johnson v. County of Yuba
Opinion of the Court
The superior court did not err in striking from the complaint the matter objected to as irrelevant and redundant. The action was to recover for services rendered in publishing the list of nominations required to be published by the county clerk
We think, however, that the complaint was not open to the objections raised by the demurrer, and that the latter should have been overruled.
The objection that the cost of the publication provided for by the act is not made a county charge is untenable. It is a part of the county advertising, and falls within the provisions of subdivision 23 of section 25 of the County Government Act (Stats. 1891, p. 305), by which the supervisors are authorized to provide for such advertising. Nor is it any ground of demurrer that it is not alleged that there was money in the county treasury to meet the demand, or that the allowance of the demand against the county would not exceed the limit of liability which the county was authorized to contract for the fiscal year. This was purely matter of
Judgment reversed, and cause remanded, with directions to the lower court to overrule the demurrer.
Harrison, J., and Garoutte, J., concurred.
Hearing in Bank denied.
Reference
- Full Case Name
- FRANK W. JOHNSON v. THE COUNTY OF YUBA.
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Elections—Publication of List of Nominations by County Clerk.— The publication of the list of nominations provided for in section 1194 of the Political Code is a part of the county advertising, and the cost of it is a county charge. Id.—Publication of General Lists—Separate Lists—Township Offices —Construction of Code.—Section 1194 of the Political Code, reasonably construed, contemplates only the publication of one general list of all nominations upon which the people of the county will be called to exercise their choice, and not a copy fac simile of the official ballot, nor the publication of separate lists of the nominations, each complete in itself for each of the political subdivisions of the county having offices to fill; each list containing, besides the names of those nominated for state and county offices, only the names of the district or township nominees in the county, to be voted for in a particular district or township; and the proprietor of a newspaper cannot recover for the printing of such separate lists. Id.—Action For County Advertising—Demurrer to Complaint— Money in Treasury—Limit of County Liability—Defense.—In an action to recover for county advertising for publication of the lists of nominations, it is not a ground of demurrer that it is not alleged that there was money in the county treasury to meet the demand, nor that the allowance of the demand against the county would not exceed the limit of liability which the county was authorized to contract for the fiscal year, but such matter, if it exists, is purely matter of defense.