Dineen v. City of Butte

This cause is before this court upon an appeal from a judgment, for defendant, rendered upon an order of the trial court, sustaining a demurrer to an amended complaint. Therefore, a question of pleading only is involved.

The cause is one for recovery of compensation for services alleged to have been rendered to defendant by plaintiff, in the alleged, capacity of assistant or deputy city treasurer.

The amended complaint, to which we shall refer as the complaint, alleges the municipal corporate capacity of defendant; that one T. J. McCarthy was city treasurer of defendant; that for many years the…