Moore

This is a proceeding in mandate to compel the defendant, as county auditor, to draw his warrant for the amount of a claim allowed by the board of supervisors. By general demurrer the defendant questioned the legality of the claim. The demurrer was overruled, and, defendant failing to answer, plaintiff had judgment, from which defendant appealed. But although an order was made dispensing with a stay bond, and notwithstanding the stay of proceedings, the defendant has drawn his warrant, as commanded by the judgment of the superior court, and the judgment has been satisfied. Respondent, therefore, moves to dismiss the appeal, upon the ground that it has become a moot case. Counsel .for appellant, who is at the same time district attorney of the county, concedes that the voluntary compliance of the defendant with the mandate of the superior court, and the satisfaction of the judgment, would ordinarily be sufficient ground for the dismissal of the appeal, but he insists that in this case the county is the real party in interest, and that the appeal, though in form an appeal by the auditor, is in substance and effect an appeal by the county, whose rights cannot be prejudiced by the…