City of Orange v. Clement

Mandamus. Assuming the facts to be those stated in the petition filed by plaintiff herein, an alternative writ of mandate was issued requiring that the defendant, as treasurer of the city of Orange, a city of the sixth class, pay out of the city hall fund of the city of Orange a certain warrant for the sum of $3,150 in payment for certain lands alleged to have been purchased by the city to he used as a city hall site, or show cause why he did not pay the same.

The complaint alleged that on March 3, 1919, at a special meeting of plaintiff’s board of trustees, duly called to consider certain offers and proposals to sell to the plaintiff suitable lots for the stated purpose, a resolution was duly adopted by the vote of four members of said board, the fifth member being absent, which resolution determined that the city should purchase certain described lots at a stated price, and which resolution was duly approved and published; that on April 14, 1919, at a regular monthly meeting of the board of trustees, a resolution was adopted which, after reciting the adoption and - publication of the former resolution and that no objection had been made thereto and that no request for a…