Lewis

Mandamus against the defendant, as controller of the state of California, commanding him to draw his warrant in favor of the plaintiff upon the treasurer of said state for the sum of one hundred and sixty-six dollars and sixty-six and two-thirds cents, as salary due plaintiff from. the said state for services as expert to and for the state board of examiners, during the month of July, 1895.

An alternative writ of mandate issued to defendant, who demurred to the verified petition, and upon his demurrer being overruled by the court, answered the petition.

Plaintiff. moved to strike out the fourth paragraph of defendant’s answer, and demurred to the residue thereof. The motion to strike out was granted, and the demurrer sustained, and peremptory writ granted.

Defendant appeals, and the cause comes up on the record illustrated by a bill of exceptions.

The substance of the verified petition upon which the writ issued is that “on the twenty-eighth day of June, 1895, plaintiff was employed by the state board of examiners as expert for said board of examiners at an annual salary of two thousand dollars, payable monthly, *532 and necessary traveling expenses in the business of said…