Kelly v. Kane

J.—The petitioner has appealed from a judgment denying him a writ of mandate. His application for a writ was based on his claim that the defendant, as auditor, should have drawn a warrant in his favor for a full month’s salary as purchasing agent of San Mateo County for the month of December, 1937. The defendant answered that the office of purchasing agent had been consolidated with the office of county executive and the tenure of the petitioner had been terminated. The appeal presents therefore solely a question of law.

Heretofore San Mateo County was organized under a charter. (Stats. 1933,…