McDonald v. Griswold

Mr. Ch. J. Murray

delivered the opinion of the Court.

Mr. J. Heydeneeldt and Mr. J, Wells concurred.

This was an application to the Court below for a mandamus to compel the defendant, in his capacity of County Treasurer of Sacramento County, to pay certain warrants drawn on the treasury of said county.

The defendant admits that he has moneys in his hands sufficient to pay said warrants, but contends that they should be applied to the payment of the debts of the fiscal year of 1853 and 1854, and not to the payment of debts previously contracted.

The question, whether the funds in the hands of the…