Draper v. Noteware

Citations

• 7 Cal. 276

Syllabus

<p>The writ of mandamus can only be issued to compel the performance of an act or duty clearly enjoined by law, and in a case where the party has no other plain, speedy and adequate remedy.</p> <p>Under the act of 1*851, the county auditor can only draw warrants where the claim is audited by himself. This is a defect in the law which this Court cannot remedy, on the pretext of public convenience.</p>