Johnson v. Board of Supervisors

The Court.

This was a proceeding by mandamus to compel the payment of a judgment which the petitioner had recovered against the county. The defense set up is that the payment of the judgment will result in incurring indebtedness and liability exceeding the income of the county for the then current fiscal year, and that the board has no authority to provide for the payment of such excess from the revenue of the ensuing fiscal year.

If such a defense had existed, the proper place to interpose it would have been in the action in which the judgment was rendered. For aught that appears, that defense…