Paton v. Teeter

This is an appeal from a judgment sustaining a general demurrer, without leave to amend, to a petition for a writ of mandate to compel a county auditor to draw his warrant for a specified sum as a refund of deposited bail. The question involved is whether a writ of mandate is an appropriate remedy. The facts applicable to this petition will be found in Paton v. Superior Court, Civil No. 11187 (ante, p. 475 [99 Pac. (2d) 698]), filed this date.

The. point suggested by this court after the first oral argument, and considered upon the second oral argument and subsequently in briefs, is, assuming…