McGowan

There are two appeals in this case, and two separate transcripts are presented, but the questions involved may properly be considered together.

The respondents made application to the court below for a writ of mandate to compel the appellant, as treasurer of Mendocino county, to pay two warrants drawn on him by the county auditor.

*179 The material facts stated in the petition are as follows:

In December, 1893, there was money in the hands of the treasurer for the payment of said warrants, and respondents then presented them to appellant as such treasurer, and demanded payment thereof; but, notwithstanding there was money in the proper fund appropriated for their payment, he then refused, and ever since has refused, to pay the same, or any part thereof.

On January 8, 1894, after the refusal to pay the warrants, respondents filed their petition for the writ of mandate, and the court granted an alternative writ, making it returnable on the fifteenth day of the same month.

In due time appellant appeared and filed his answer to the petition. The answer admits that on the eigh *180 teenth day of July, 1892, respondents and the board of supervisors of said county entered into and…