Scheerer v. Edgar

Citations

• 76 Cal. 569
• 18 P. 681
• 1888 Cal. LEXIS 936

Syllabus

<p>Mandamus.—Assignment oe Judgment—County Warrant — Duty of Auditor. — The auditor of the city and county of San Francisco can only draw his warrant in satisfaction of a judgment against the city and county in favor of the person to whom the hoard of supervisors have ordered.the judgment to be paid; and if they have ordered it paid to the plaintiff, and the warrant has been drawn in his favor by the auditor, though after notice of an assignment of the judgment, the only remedy of the assignee is to compel a transfer of the warrant, and he cannot obtain a writ of mandate to compel the auditor to draw a warrant in his favor. The auditor may refuse to draw an illegal warrant, but cannot substitute his own affirmative action for that of the board.</p>