People v. Central Pacific Railroad

—A demurrer to tne complaint was sustained, and plaintiffs declining to amend, final judgment was entered for the defendant, from which plaintiffs have appealed.

*30The complaint sets out the act of the legislature of April 4, 1864, “to aid the construction of the Central Pacific Railroad Company,” etc.; and avers that on the fourth day of May, 1864, the defendant made, executed, and delivered an agreement in writing, as required by said act of the legislature, which alleged agreement is also set out at length. It also alleged that the state of California “has duly performed all the conditions…