Benton

This action was commenced by R. P. Benton, a resident citizen and taxpayer of the county of Los Angeles, to enjoin the defendant, county treasurer, from paying a certain warrant issued to David B. Lyons purporting to be drawn on account of salary due to Lyons as county registrar of voters for a portion of the month of May, 1917. Lyons intervened in this action and asked for a peremptory writ of mandate requiring Hunt to pay the amount called for by the warrant. The plaintiff and the defendant have appealed from the judgment, which was in favor of the intervener. The appeals present substantially one and the same question of law, and the facts are admitted to be those set forth in the findings of fact made by the court below.

On August 10, 1915, intervener was duly appointed registrar of voters of Los Angeles County, and on August 11, 1915, he duly qualified by taking his oath of office according to law. For some time prior thereto and until that time, one Thomas McAleer was the registrar of voters of said county. After qualifying, as above stated, intervener demanded possession of the office from McAleer, which demand was refused. Thereupon proceedings in quo warranto were…