Payne v. Baehr

This is an appeal from a judgment dismissing the plaintiff’s action upon sustaining defendant’s demurrer to plaintiff’s complaint. The action was one for the recovery of damages for the failure of defendant, as auditor of the city and county of San Francisco, to draw his warrants in favor of the justices’ and superior courts of said city and county for sufficient to pay certain judgments recovered in said courts by plaintiff against one Howard Vernon, a creditor of said county. The complaint was in two counts in substantially the same form, the first alleging a judgment of the justice’s court…