Connor v. Morris

Citations

• 23 Cal. 447

Syllabus

<p>L? a statement on appeal is served and filed within the time required by the three hundred and thirty-eighth section of the Practice Act, unless the respondent, within five days thereafter, prepares and serves amendments, he is deemed to have agreed to the statement; and no settlement thereof, or certificate of the Judge, is necessary.</p> <p>In an application for a mandamus to a County Treasurer, to pay county warrants, it is sufficient to aver in the petition, that the warrants were drawn by the County Auditor, as it will not be presumed that the Auditor has violated his duty in issuing the warrants; but the County Treasurer has a right to show, in defense, that the warrants were founded on a demand not legally chargeable against the county.</p> <p>The Auditor of a county is the mere Clerk of the Board of Supervisors; and he has no power or authority to draw his warrant on the County Treasurer for-the payment of a claim, unless the Board of Supervisors have made an express order, that the claim be paid.</p> <p>The Board of Supervisors made the following order: “Account allowed J. J. Cloud, surveying Little Lake and Big River Road, $344.20.”</p> <p>Under this order, the Auditor drew a warrant on the Treasurer for the payment of the claim: held, that the order of the Board did not authorize the issuance of the warrant, and that the Treasurer could not he compelled to pay it.</p>