Strasburger

Appellant, Treasurer of Ventura County appeals from a judgment upon a mandamus proceeding, by which he was ordered to pay the respondent Strasburger, petitioner for the writ, “out of any and all money now on deposit or which may be hereafter deposited in his office in the ‘Road District Improvement Interest and Sinking Fund No. 3’ the total amount due the petitioner on five bonds issued by the Board of Supervisors of the County of Ventura, State of California, under and pursuant to the provisions of an act of the legislature of the State of California, known and designated as the Road District Improvement Act of 1907’’. It is contended that the judgment is not supported by the evidence.

The cost of the road improvement ordered by the board of supervisors, approximately $110,000, was met by an issue of bonds numbered 1 to 110. Of these Strasburger is the owner of bonds numbered 1, 2, 3, 4 and 5, each in the amount of $1,000. His five bonds fell due as to principal on August 20, 1933, and were registered by appellant on that date, following presentment and request for registration preferred August 8, 1930. The court found on the evidence submitted that they were the first bonds…