· 6/13/1890

Falk v. Strother

Citations

  • 84 Cal. 544
  • 24 P. 110
  • 1890 Cal. LEXIS 838

Syllabus

<p>Mandamus — Duty of County Auditor — Decision of Supervisors upon Appeal—San Francisco Consolidation Act.—Mandamus will lie to compel the county auditor of the city and county of San Francisco to audit and allow a demand upon the treasury of said city and county, after a decision of the supervisors allowing the demand has been rendered upon appeal from the refusal of the auditor to audit the same, taken pursuant to section 92 of article 6 of the Consolidation Act, the decision of the supervisors upon such appeal being expressly made final, so far as the auditing of the demand is concerned.</p> <p>Id.—Ministerial Action of Auditor — Discretion.—The auditor, after such decision upon appeal, has a mere ministerial duty to perform, enjoined upon him by law, to audit and allow such demand, and can no longer exercise any discretion in the premises.</p>

Judges: Beatty, McFarland, Works

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