Lamberson
Lamberson v. Jefferds
Opinion
Lead Opinion
Harrison, J.
The board of supervisors of the county of Tulare, being of the opinion that some of the deputies of certain officers of the county were drawing salaries without authority of law, employed the plaintiffs in 1895 as attorneys to enjoin the auditor of the county from issuing warrants for the salaries, and the treasurer from paying the warrants. Under this employment the plaintiffs began and prosecuted certain actions in the superior court and on appeal to this court, and paid out certain moneys as expenses therein, and afterward duly presented their claims to the board of supervisors for the sums respectively of one hundred and seventy-three dollars and fifty cents and four hundred and sixty-three dollars. These claims were approved' by the board of supervisors and ordered to be paid out of the general fund of the county, and were properly certified and delivered by the clerk to the auditor and treasurer of the county. Plaintiffs thereupon made demand of the auditor that he draw his warrants therefor, and upon his refusal instituted the present proceeding for a writ of mandate. The superior court granted their application, and the auditor has appealed.