Dadmun

Appeal by plaintiff from a judgment rendered by the superior court of San Diego county upon an order sustaining a demurrer to a petition for a writ of mandate.

The petitioner applied to the superior court for a writ of mandate requiring the auditing committee of the city of San Diego to allow and order paid a certain claim of plaintiff. In his petition plaintiff sets forth an ordinance duly passed by the city council of the city of San Diego creating the office of special prosecutor, fixing the salary and reposing the appointment thereof in the common council and the appointment of petitioner by such city council. It is averred in said petition that under such ordinance the city employed petitioner to perform certain services at such salary; that he accepted the employment, performed the services, and as a consequence there became due and owing to him the amount of such salary, which remains unpaid; that he presented for allowance his claim, duly verified, to the auditing committee of the city council, and that it disallowed and denied the same.

It is conceded by all parties that petitioner was not an officer of the city of San Diego, either duly appointed or qualified.…