Victors v. Kelsey

CHIPMAN, P. J.

Mandate. Petitioner is a resident of the city and county of San Francisco, a physician and surgeon of many years ’ practice. The nature of the action sufficiently appears from the following findings:

“VI.

“That in the determination of the said cause,

*People of the State of California

v.

Frank S. Cook,’

and in preparing said cause for trial in behalf of the plaintiff therein, it became material and important to said plaintiff that certain experimental tests be made to determine whether or not certain specimens were or were not human blood stains; that the said District Attorney of the said County of Plumas duly engaged and duly employed and subpoenaed the petitioner herein to make said experimental tests upon certain specimens then and there submitted to him prior to the trial of said action and for the purpose above stated, and in anticipation of calling the said petitioner as an expert witness at the trial of said cause to testify as to the results of said experimental tests;

[797]

that the petitioner herein did make said experimental tests upon certain specimens duly submitted to him and in pursuance of his employment as aforesaid for the purpose of preparing as a witness in the trial of the said cause, and was duly and regularly subpoenaed therefor at the City and County of San Francisco, State of California, to attend and did attend upon the trial of said cause in the City of Quincy, County of Plumas, on the 10th and 11th days of February, 1915, and was then and there duly called as a witness in said cause and testified as a,n expert witness thereat for the purpose of testifying to the result of said experimental tests above referred to, and his said testimony then and there became a part of the record of the trial and proceedings of said action.

“VII.

“That thereafter, to wit, on February 11, 1915, the petitioner herein filed and presented in due form to the Board of Supervisors of Plumas County his bill, claim and demand for payment of his services rendered as referred to above for the making of said experimental test recited therein and above referred to, and for testifying in relation as set forth and referred to above and for his necessary expenses incurred in attending said trial. Said bill, demand and claim were filed in due form with the Board of Supervisors of said Plumas County on the 11th day of February, 1915; that said Board of Supervisors received said claim and demand, fully and duly considered the same and duly acted thereon and approved the same, and allowed the same, and ordered the said claim be duly paid to the petitioner herein and that the Auditor of said Plumas County issue his warrant forthwith for the payment of said claim from the general fund of the Treasury of said County; that thereupon said bill and demand was duly audited by said Auditor of said County of Plumas, was duly allowed and issued his warrant upon the said Treasurer of said County of Plumas on the 2nd day of March, 1915, payable to the petitioner for the sum of Two Hundred seventy-two dollars and twenty cents ($272.20) in payment of said el aim, demand and bill, and said warrant provided that said payment should be made from the general fund of the Treasury of said County; and that said bill, claim and demand was in the form and as set forth and alleged in the first amended petition herein and as set forth and appended