Eno

This is an appeal from the judgment of the district court, denying to the appellant, the county judge of Alpine county, a writ of mandate to compel the defendant, the county treasurer of said county, to pay him his salary.

The ground of the treasurer’s refusal was, that at the time of the presentation of the warrant by the appellant for his salary, there was no money in the treasury, not otherwise appropriated, for its payment. All the moneys in the treasury were applicable to the payment of other warrants which had been properly presented and refused payment for want of funds and registered in their order prior to the presentation of the warrant of the appellant. Some of those warrants presented and duly registered prior to that of the appellant were for the salary of a former county judge — a debt of the same character and at least of equal dignity with that of the appellant.

It is provided by the act of February 27, 1865 (Stats. 1865, p. 123), that the salary of the county judge of the county of *355 Alpine shall be paid monthly; and the auditor is directed to draw his warrant on the treasurer therefor on the last day of each month, and the treasurer is directed to pay the…