Harris

Harris v. Gibbins

Good Law
114 Cal. 418·1896 Cal. LEXIS 915·46 P. 292
Supreme Court of CaliforniaOctober 3, 1896Sac. No. 98California958 words

Opinion

Lead Opinion

McFarland, J.

The board of supervisors of Modoc county, upon the recommendation of the grand jury, employed the appellant as an expert to examine the books and accounts of the county officers of said county at an agreed compensation of five dollars per day. He faithfully performed his duties under said employment, and made his report to the board. He duly presented to said board his itemized claim for his services in the sum of one hundred and five dollars, which was the just amount due him under the contract; and the claim was by said board regularly approved and allowed. But the respondent, who is county auditor of said county, refused to draw his warrant for said allowed claim, or any part of it. Whereupon appellant commenced this proceeding in the superior court to obtain a writ of mandate commanding said respondent to draw such warrant. The case was submitted in the court below upon a demurrer to the petition; and the court rendered judgment in favor of respondent and ■dismissing the writ. From this judgment petitioner appeals. The only question involved is whether or not appellant’s claim is an account “legally chargeable against the county ”; and this depends upon the solu *420 tion of…

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