Barto v. Board of Supervisors

THE COURT.

The court below sustained a demurrer to the complaint, and judgment was entered for the defendants. This appeal is from the judgment, for the purpose of reviewing the order sustaining the demurrer.

It appears by the complaint that the plaintiff is a resident taxpayer in the city and county of San Francisco, and that the defendants, other than defendant Phelan, were at all times stated the duly qualified and acting members of the board of supervisors of said city and county; that defendant Phelan is, and was at all said times, the mayor of said city and county, and president of said…