Morgan v. Menzies

On a former appeal in this case we held that no recovery could be had in the action out of which the case arises, because there was no averment and no proof that the claim of the plaintiff had been presented to the board of supervisors of the city and county of San Francisco, as required by the statute of 1863—64, pp. 152, 153, and payment demanded; and because the undertaking itself upon which the action was founded was in contravention of law, and void; therefore the judgment appealed from was reversed and the cause remanded. (60 Cal. 341.)

When the remittitur went down and was filed in the…