Draper v. Noteware
California Supreme Court
Appear from the District Court of the Eleventh Judicial District, County of El Dorado. This was a petition for a peremptory mandamus, on the part of the relator, Draper, then one of the supervisors of El Dorado county, against Note ware, then the auditor of said county.
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Appear from the District Court of the Eleventh Judicial District, County of El Dorado. This was a petition for a peremptory mandamus, on the part of the relator, Draper, then one of the supervisors of El Dorado county, against Note ware, then the auditor of said county. The complaint was that the relator, being the holder of certain claims against the county of El Dorado, which had been audited and allowed by the board of supervisors, and presented in such form to the said auditor,' whose duty it was, resulting from his official station, to draw his warrant in favor of relator, on the county…
1Opinion of the CourtMurray, C. J.
*278This was a proceeding by mandamus in the Court below, to compel the defendant as county auditor, to draw his warrant on the treasurer of El Dorado county in favor of the plaintiff for certain amounts, audited and allowed to him by the supervisors of said county. Several errors are assigned by the appellant, only one of which it will be necessary to notice.
The writ of mandamus can only be issued to some inferior Court, board, or officer, to compel the performance of an act or duty clearly enjoined by law, and this must be in a case where the party has no other plain, speedy, and adequate…
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