Priet v. Reis

Temple, C.

This is an application for a writ of mandate to compel the defendant, as treasurer of the .city and county of San Francisco, to pay a warrant for damages, under the act of the legislature for widening of Dupont Street.

That act (Stats. 1875-76, p. 439) provided for the sale of bonds, and that the proceeds should be held to pay expenses and damages awarded to property-holders.

In case of a dispute as to whom the damages should be paid, the commissioners were to place a warrant for the amount in the hands of the clerk, and the claimants could sue the treasurer, joining other claimants;…