Power

This is an appeal from, a judgment given on the pleadings.

Plaintiff applied for a writ of mandate against defendant, treasurer of Tulare county. In his complaint he averred simply that the auditor of the county had issued to him a warrant payable out of the hospital fund, which warrant recited that it was “for commissions on moneys collected from the state for indigents.” The warrant was presented to the treasurer, who refused to pay it, although there wras and is, sufficient unappropriated money in the fund for that purpose.

After the filing of defendant’s answer the court rendered the judgment appealed from.

Respondent contends that the only questions presented by the appeal are two questions of law: 1. Has the board of supervisors the power to employ an attorney for the purpose of collecting a claim due the county from the state? This question is completely answered in his favor by the case of Lassen County v. Shinn, 88 Cal. 510 . 2. Can the board of supervisors legally allow a claim for the beneficial use of money, labor, or property, although the formalities necessary to bind the county have not been employed? Without entering into an elaborate consideration of this…