City of Marysville v. County of Yuba

Action to recover back certain moneys collected on fines imposed by the police judge of the police court of plaintiff and alleged to have been paid over to defendant for the use and benefit of plaintiff.

Defendant demurred to the complaint for insufficiency of facts, and the court sustained the demurrer on this ground alone. Other grounds are stated in the demurrer, but as they are not mentioned in respondent’s brief, they will not be noticed. Plaintiff failing to amend its complaint, judgment passed for defendant and plaintiff appeals.

It was alleged in the complaint that there existed in…