Chapin

The plaintiff is one of the supervisors of the county of Madera, and the defendant is the ■auditor of that county. On February 8,1895, the board of supervisors allowed the account and claim of the *499 plaintiff in the sum of four hundred and eighty-seven, dollars and eighty cents as a balance on mileage as supervisor of said county, and ordered said claim paid, and the plaintiff thereupon made a demand upon the defendant, as auditor of the county, that he issue to him a warrant upon the county treasurer for that amount. The defendant refused to issue the warrant, and the plaintiff filed in the superior court his affidavit •and petition for a writ of mandate commanding the auditor to draw the warrant. An alternative writ was issued thereon, and the defendant, having appeared and demurred to said petition, his demurrer was sustained, and judgment entered against the plaintiff. From this judgment the plaintiff has appealed.

The determination of this case depends upon the construction of subdivision 15 of section 204 of the County Government Act of 1893. (Stats. 1893, p. 499.) The first clause of said section and said subdivision are as follows:

It is contended by the appellant…