Power v. May

This is an appeal from, a judgment given on the pleadings.

Plaintiff applied for a writ of mandate against defendant, treasurer of Tulare county. In his complaint he averred simply that the auditor of the county had issued to him a warrant payable out of the hospital fund, which warrant recited that it was “for commissions on moneys collected from the state for indigents.” The warrant was presented to the treasurer, who refused to pay it, although there wras and is, sufficient unappropriated money in the fund for that purpose.

After the filing of defendant’s answer the court rendered the…