Dwyer v. Parker

Henshaw J.

This action is in mandate. Plaintiff seeks to compel defendant, auditor of Santa Clara county, to draw his warrant upon the county treasurer in favor of plaintiff in the sum of one hundred and forty-one dollars for fees as justice of the peace, to which it is alleged plaintiff is legally entitled. By stipulation the parties agreed upon all matters of fact, and here present, as their controversy, the single legal ques-y tion of the constitutionality or unconstitutionality of an act of the legislature entitled “ an act to establish the *547fees of county, and township, and other officers,…