Hunt
Hunt v. Broderick
Opinion
lead Opinion
McFarland, J.
This is an appeal by defendant from a judgment of the superior court in a mandamus proceeding, by which the defendant as auditor was required to audit, allow, etc., a certain claim and demand of plaintiff against the city and county of San Francisco which had been duly passed and allowed by the board of supervisors of said city and county. The appeal is upon the judgment-roll and a bill of exceptions. We see no good reason for disturbing the judgment of the court below.
There is no doubt from the evidence that the demand of respondent’s intestate, Sharp, was a just one. The defenses and the points made here for reversal are in their nature technical — that is, they are based upon alleged irregularities committed by said Sharp, deceased, in presenting his demand and in prosecuting the appeal, and upon certain statutory provisions claimed to be obstructions which shut out his right of recovery.