Sittig

The plaintiff petitioned the superior court of Napa County for a writ of mandate to compel the defendant, as auditor of said county, to issue to him his warrant on the treasurer of said county for the sum of $873.80 for services and materials alleged to have been performed and furnished by him for road repair purposes in said county.

Judgment awarding a peremptory writ of mandate as prayed for in the petition was given and entered, and from said judgment the defendant, auditor, appeals.

The claim which is the foundation of this suit is for the furnishing and delivery, upon the order of the supervisor, as ex-o-fficio road commissioner, of supervisorial district No. 1, in Napa County, of crushed rock at certain points on a road known and designated as “Omdorff Street,” in said district and county, for use in repairing said road. “Orndorff Street” is a road lying outside and terminating or beginning at one end of the municipal limits of the city of Napa, and, as the witnesses described it, “is a little piece of road lying between the Brown’s Valley road and West Linn Street,” the latter street being within and running up to the “end of the city limits.”

The complaint sets out the…