MacLeod

Plaintiff filed a petition against the defendants Joseph S. Long as mayor of the city of Riverside and president of the board of public utilities of said city; H. W. Pierson, as auditor of said city, and Harry N. Dunbar, as treasurer of said city praying that the defendant mayor and the defendant auditor be commanded to issue, sign, countersign and deliver to plaintiff two warrants upon the treasury of said city, one directing the treasurer to pay out of the funds of the water department the sum of $4,350.65 as authorized by resolution of the board of public utilities of said city, and the other to pay a like sum out of the funds of the electric light department of said city. The defendants filed both general and special demurrers to the petition and also motions to quash. The motions to quash were granted, the proceedings dismissed, and from the order thus made plaintiff appeals.

The petition in substance alleges that the department of public utilities of the city of Riverside is under the control of the board of public utilities consisting of five commissioners, including the mayor; that the electric light department and the water department of said city are subdepartments of…