Power

Action to compel defendant, as treasurer of Tulare county, to pay to plaintiff out of the hospital fund of said county five hundred and eighty-eight dollars and ninety-four cents, the amount of a warrant, for commissions on money collected hy plaintiff from the state for the care of aged and indigent persons and orphans and half-orphans.

*149 The court directed the writ of mandate to issue as prayed for, with costs. This appeal is from the judgment and from the order denying motion for a new trial.

Its appears from the findings that the hoard of supervisors made a contract in December, 1894, with one John Broder, while he was the qualified clerk of the board, to collect the money due from the state on account of indigents supported by the county; plaintiff knew nothing of this contract until in March, 1895, at which time Broder informed plaintiff that he, Broder, could not perform the service, as it required a lawyer, of which profession plaintiff was a member; plaintiff thereupon applied to the board for permission to perform these services on the terms stated in Broder’s contract and for the compensation agreed to be paid him, and a majority of said board informed plaintiff…