Hammel

Plaintiff filed his petition in the superior court of Los Angeles County praying for a writ of mandate against the State Board of Control and members thereof, commanding it and them to allow and approve certain claims, the aggregate amount of which was the sum of $2,199.26, presented hy him as sheriff of said county against the state for services rendered by him as such sheriff in the month of December, 1914, -and expenses necessarily incurred in convey-' ing persons, adjudged by the superior court of said county to be committed, to state prisons and other state institutions.

Defendants answered alleging, among other things, that on January 21, 1914, they, in the performance of the duty imposed upon them by law, discovered, determined, and adjudged that petitioner was indebted to the state of California in the sum of $2,199.26, paid to and received by bim as sheriff from the state of California upon claims presented during the years 1911, 1912, and 1913, for alleged services and necessary expenses incurred by him as such official for conveying prisoners to state institutions, which claims were, to the extent of $2,199.26, in excess of that to which he was justly and legally…