Hodges

A proceeding in mandamus was commenced by appellant in the superior court of San Mateo County to compel respondent, as treasurer of the city of South San Francisco, to pay to him, as assignee thereof, three warrants which had been allowed and issued to him by a vote of the majority of the board of trustees of the city. Two of the warrants, aggregating $233, were issued in payment of claims for fees in serving subpoenas upon certain witnesses and for sums paid to them as their fees and mileage; the third, amounting to $153.22, was for the claim of an expert witness. Judgment was rendered for respondent, from which this appeal was taken.

Some time before the warrants were issued a proceeding in mandamus was commenced in the district court of appeal, first district, to compel the board of trustees to set a date for an election to determine whether three of the members of the board, and who constituted the majority thereof, namely, Carl Blank, Hugh McCaffrey, and Hugh Felix MeNellis, should be recalled (Ratto v. Board of Trustees, 75 Cal. App. 724 [ 243 Pac. 466 ]). In the latter proceeding it was alleged that the city clerk had attached to a recall petition, which had been duly…