McFadden

The plaintiff, alleging that he is and at all times during the year 1913 has been the duly qualified and acting deputy assessor of Madera County, complains that, on the seventh day of July, 1913, he presented to the defendant, who was at all times during said year treasurer of said county, a warrant in due form for the sum of one hundred dollars, issued and signed by the auditor of Madera County, for the payment of the monthly salary of the plaintiff as such deputy assessor for the month of June, 1913, and that said treasurer refused to pay said warrant on the alleged ground that such payment “was not and is not authorized by the constitution and laws of the state of California.”

The plaintiff petitioned the court below for a writ of mandate to compel the defendant as treasurer of Madera County to pay said warrant. The court granted an alternative writ, and upon the hearing of the case rendered and entered its judgment dismissing said writ or the order to show cause.

This appeal is prosecuted by the plaintiff from said judgment.

By an act of the legislature of 1909 entitled “An act to amend section 4006 of the Political Code of the state of California relating to the…