Sullivan

This is an appeal from a judgment in favor of plaintiffs awarding a temporary writ of mandate against the defendants, the state board of examiners, commanding the board “to forthwith approve and allow” a claim of the plaintiffs against the state of California for five thousand dollars.

The facts material to this consideration are as follows: In 1888 an action was commenced by the people of the state of California, upon the relation of George A. Johnson, attorney-general, under section 803 of the Code of Civil Procedure,, against the American Sugar Refinery Company, a corporation, to obtain a judgment excluding that corporation from its corporate franchise on the ground of misuser. In January, 1890, a judgment was rendered in this action excluding the corporation from the franchise, dissolving it as a corporation and imposing a fine upon it, and in February, 1890, the court, upon the application of the attorney-general, and upon order directing the defendant to show cause, made its order appointing Patrick Eeddy receiver in the action, to take possession of all the property of the corporation, and to hold the same pending the appeal from the judgment. Eeddy qualified as receiver,…