Perrin v. Honeycutt

COOPER, C.

Defendants demurrer to the plaintiff’s verified petition for a writ of mandate was sustained, and judgment entered in favor of defendant. Plaintiff appeals from the judgment.

It appears, from the petition, that the defendant is and was at all times named therein the county auditor of Madera County. .

That on the second day of October, 1901, by reason of an error and mistake, made by defendant, as auditor, in his estimate of the amount necessary to redeem certain real estate, situate in Madera County, and which had been sold to the state for delinquent taxes, the plaintiff paid to the…