118 Cal. 363 | Cal. | 1897
The board of supervisors of the county of Tulare, being of the opinion that some of the deputies of certain officers of the county were drawing salaries without authority of law, employed the plaintiffs in 1895 as attorneys to enjoin the auditor of the county from issuing warrants for the salaries, and the treasurer from paying the warrants. Under this employment the plaintiffs began and prosecuted certain actions in the superior court and on appeal to this court, and paid out certain moneys as expenses therein, and afterward duly presented their claims to the board of supervisors for the sums respectively of one hundred and seventy-three dollars and fifty cents and four hundred and sixty-three dollars. These claims were approved' by the board of supervisors and ordered to be paid out of the general fund of the county, and were properly certified and delivered by the clerk to the auditor and treasurer of the county. Plaintiffs thereupon made demand of the auditor that he draw his warrants therefor, and upon his refusal instituted the present proceeding for a writ of mandate. The superior court granted their application, and the auditor has appealed.
The court found that all of the facts alleged in the complaint were true, and the appellant does not specify the insufficiency of the evidence to sustain any of the findings, or that the court erred in admitting any evidence, but relies upon certain other errors of law. In his answer the defendant denied the employment of the plaintiffs, or that they had rendered any services to the county, and at the trial the court refused to permit him to show by several of the county officers that the deputies employed by them, and in reference to whose salaries the suits were begun by the plaintiffs, were necessary to the performance of the duties of their respective offices. The court also refused to allow the defendant to show whether the plaintiffs had brought any suits, and whether they had assisted the district attorney in bringing any suits, and whether the district attorney had sought for any assistance and what had been the results of the suits brought by the plaintiffs. These questions were all irrelevant and immaterial to the issue before tire court. If the supervisors had the
The judgment is affirmed.
Hearing in. Bank denied.