Tingley

Tingley v. Superior Court

Good Law
1908 Cal. App. LEXIS 65·8 Cal. App. 47·96 P. 20
Court of Appeal of CaliforniaApril 6, 1908Civ. No. 470.California1,336 words

Opinion

Lead Opinion

Chipman, J.

It appears from the petition, stated as briefly as may be, that petitioners made certain repairs on the “Anderson Free Bridge,” in the county of Shasta, under contract with the board of supervisors, and the claim therefor was duly allowed and the county auditor duly notified to issue his warrants in payment of said claim; that some time prior thereto one Babcock had obtained a judgment in the superior court, for a sum in excess of said claim, against one J. M. Tingley, and that Babcock filed an authenticated transcript thereof with the auditor, after the latter had been notified to issue said warrants, in accordance with the provisions of section 710 of the Code of Civil Procedure, and demanded that the auditor draw warrants for the amount of said claim in favor of said superior court or the judge thereof, and deposit the same in said superior court, so that the same might be applied by said court toward the satisfaction of the said judgment; that the auditor refused to draw his warrants to petitioners, and presumably also refused to issue his warrants to the court or judge, for, as appears, Babcock made application for writ of mandate in said court, praying that said auditor be…

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