Walton

This is an. appeal from a judgment in favor of the defendant rendered in the court below upon' a proceeding in mandamus to compel the defendant, as auditor of Sutter county, to draw his warrant upon the county treasurer in favor of plaintiff for the sum of five hundred dollars, upon a claim which had been presented to and allowed by the board of supervisors. At the trial the plaintiff introduced the written claim for said five hundred dollars to the board of supervisors, with indorsements thereon which showed that it had been al *441 lowed and ordered paid by the board, and then rested. Thereupon the defendant moved for a nonsuit, which the court granted; and judgment was thereupon rendered for the defendant.

The appellant contends that the presentation of this claim to and its allowance by the board of supervisors made a prima facie case; and that the claim having been regularly approved and allowed by the board of supervisors, it was a duty imposed by law upon the auditor to draw his warrant for the amount of the claim, and that he had no lawful authority to question the validity of the claim thus allowed. This contention is based upon the case of McFarland v. McCowan, 98 Cal.…