Patterson

Mandamus to compel the defendant as treasurer to pay two certain warrants issued to the plaintiff by said irrigation district for his salary, as treasurer, accrued during his incumbency of that office. The plaintiff had judgment awarding a peremptory writ of mandate, and the defendant appeals from the judgment and from an order denying his motion for a new trial.

The first of these warrants was fully set out in the complaint, including the signature “W. F. Perry, President.” No issue was made as to the identity of the warrant or the signature of the president. In the findings this warrant was described as bearing the signature “W. T. Gerry, President,” and this error was carried into the judgment. In all other respects it was correctly described.

One of the grounds of defendant’s motion for a new trial was that the finding that a warrant was issued bearing the signature

Upon the hearing of the motion for a new trial the plaintiff moved the court for an order correcting the error by inserting the name of W. F. Perry wherever the name W. T. Gerry…