Ex parte Truman

Citations

• 124 Cal. 387
• 57 P. 223
• 1899 Cal. LEXIS 1004

Syllabus

<p>County Treasurer—Order to Pay Stenographer—Contempt Proceedings—Habeas Corpus.—The refusal of the treasurer of the city and county of San Francisco to obey the order of a judge of the superior court, directing him to pay certain moneys to the stenographic reporter of the judge’s court, cannot justify proceedings against him for contempt; and if ordered to be imprisoned therefor, he will be released upon habeas corpus.</p> <p>Id.—Duty op Treasurer.—It is the duty of the treasurer to refuse to pay all demands which he believes to be illegal, and also any legal demand which is presented for payment without previous compliance with the reguireme^ts of the law.</p> <p>Id.—Mandamus—Right op Defense.—The remedy for the refusal of the treasurer to pay a legal and collectible demand is by mandamus; in which proceeding the treasurer may make such defenses to the enforcement of the claim as he may deem meritorious.</p>