Maxwell

This was a proceeding in the District Court of the Fifth Judicial District, in and for the County of Stanislaus, by writ of certiorari, to review the action of the Board of Supervisors in making and entering into a contract for and on behalf of the County of Stanislaus, with one J. D. Spencer, to do certain County printing for Stanislaus County. On the 9th day of February, 1878, the Board of Supervisors, while in regular session, passed the following resolution:

Said Board, also at the same time, made and entered of record the following resolutions:

*392 Under and by virtue of these resolutions the contract was made, of which the petitioner complains, a copy of which is attached to the petition.

The petition shows that said contract was made by said Board without advertising or giving any notice whatever that said Board would entertain or receive sealed proposals or bids to contract for the County printing of Stanislaus County. And furthermore, that it was made without giving any notice, public or otherwise, that the contract for such printing would be let by the County through its Board of Supervisors, to the lowest bidder, or would be let at all.

When the case was called for…