Jacks

Jacks v. Taylor

Good Law
1914 Cal. App. LEXIS 328·24 Cal. App. 667·142 P. 121
Court of Appeal of CaliforniaJune 2, 1914Civ. No. 1343.California2,555 words

Opinion

Lead Opinion

Lennon, J.

This is a proceeding in mandamus. The petitioner in the court below will hereinafter be referred to as the plaintiff, and the respondent in that court as the defendant.

The plaintiff prayed for and procured a judgment, commanding the defendant, James Taylor, as the Treasurer of Monterey County, to pay to the plaintiff, as the assignee of one Anson Herrick, the sum of three thousand five hundred dollars, which the petition for the writ alleged had been previously allowed and ordered paid by the board of supervisors of said county to said Herrick, as the assignee of Lester, Herrick & Herrick, for services rendered between August 11, 1912, and November 19, 1912, in 11 exporting the official books and records of the various county and district officers of Monterey county.” The petition further alleged that the claim in controversy was indorsed, countersigned, certified and attested in the usual and ordinary form by the clerk, and chairman of the board of supervisors, and then presented to the county auditor, who in turn indorsed thereon his warrant to the defendant, as treasurer, duly signed and attested, and then delivered the same to plaintiff’s assignor. That thereafter said…

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