Livingston v. Widber

The plaintiffs sought by this proceeding a writ of mandate commanding the defendant, as treasurer of the city and county of San Francisco, to pay certain coupons of the Dupont street bonds. The defendant pleaded as a defense to the proceeding that the moneys in his hands belonging to the Dupont street fund had been paid in under protest, and that the parties paying the same had instituted an action, entitled “Davis v. The City and County of San Francisco,” which was then pending in this court, and undetermined, for the recovery of the moneys so paid, and that for this reason he was entitled…