County of Ventura v. Barry

This is an appeal by the County of Ventura from a judgment sustaining demurrers without leave to amend to the first and second causes of action set forth in the county’s complaint and from a judgment in favor of respondent Barry as to the third cause of action set forth in the "county’s complaint. Separate appeals were taken from these judgments, but upon stipulation they were consolidated in this court.

The first cause of action is based upon the theory that respondent Barry wholly failed, refused and neglected to take his oath of office, as prescribed by section 904 of the Political Code.…