Morrison Waite

“ The only condition attached to the payment made on the eleventh of this month is that, if when the account is finally settled between the county and Rhodes & Barstow upon the basis of the assessment roll, principal, interest, delinquency, and attorneys' fees, it shall appear that the payments, including that to Rhodes & Barstow, are more than the actual amount due, the excess shall be returned to the railroad company. ”

“ And it is further stipulated that judgment final in the action may be rendered upon the demurrer, it being agreed that for the purpose of this proceeding the other defenses are withdrawn from the consideration of the court. ”