White
White v. Mitchell
Opinion
Lead Opinion
Burnett, J.
The board of trustees of the city of Woodland approved a claim and ordered a warrant drawn in favor of appellant for fifteen days’ service as a member of the board of equalization of said city at five dollars per day, and respondent refused to issue the warrant, claiming that under an ordinance of said city the work of equalization must be completed within the limit of two weeks. Application was made to the superior court of Yolo county for a writ of mandate to compel respondent to draw said warrant. The -appeal is from the order denying the writ.
The basis for appellant’s contention is found in section 774 of the. general municipal corporation act (Deering's Gen. Laws [1908], p. 881), and an ordinance of the said city of Woodland adopted in 1907 fixing the compensation of the members of the board of equalization. The former provides that the board “shall continue in session from day to day until all of the returns of the assessor have been rectified,” and the latter, that each member “while in actual attendance upon the meetings of the board of equalization” shall receive “the sum of $5 per day.” Since appellant was in actual attendance as a member of said board for fifteen…