Mcconoughey

The city of Coronado is a city of the sixth class. M. R. Vanderkloot was president of the board of trustees, and W. H. Jackson was clerk of said city.

In April, 1892, the petitioner filed a claim in writing with the board of trustees for five hundred dollars *267 on account of expenses incurred by Mm in procuring, at the request of said city, through the board of trustees thereof, counsel and legal services for said city.

The bill was approved by the board of trustees, and ordered paid, and a warrant on the city treasurer payable to petitioner for the same was ordered. Vanderkloot and Jackson, the clerk, refused to draw, sign, or countersign the warrant.

There was sufficient money in the treasury to pay said warrant. Upon this showing, on petition, the superior court, on the eighth day of February, 1893, issued an alternative writ of mandate to the president and clerk, requiring the president to draw' and sign the warrant and the clerk to countersign and deliver said warrant, or to show cause, etc.

The defendants appeared and demurred to the petition, which demurrer was overruled by the court, whereupon M. R,. Vanderkloot, the president of the board, drew and signed the…