Tingley v. Superior Court

CHIPMAN, P. J.

It appears from the petition, stated as briefly as may be, that petitioners made certain repairs on the “Anderson Free Bridge,” in the county of Shasta, under contract with the board of supervisors, and the claim therefor was duly allowed and the county auditor duly notified to issue his warrants in payment of said claim; that some time prior thereto one Babcock had obtained a judgment in the superior court, for a sum in excess of said claim, against one J. M. Tingley, and that Babcock filed an authenticated transcript thereof with the auditor, after the latter had been notified to issue said warrants, in accordance with the provisions of section 710 of the Code of Civil Procedure, and demanded that the auditor draw warrants for the amount of said claim in favor of said superior court or the judge

[48]

thereof, and deposit the same in said superior court, so that the same might be applied by said court toward the satisfaction of the said judgment; that the auditor refused to draw his warrants to petitioners, and presumably also refused to issue his warrants to the court or judge, for, as appears, Babcock made application for writ of mandate in said court, praying that said auditor be directed to issue said warrants to said court or the judge thereof; that the said court ordered the writ to issue commanding the auditor to deposit said warrants with said court or show cause, etc.; that thereafter said auditor complied with said writ, and without notice to petitioners, and without any showing in their behalf, drew two warrants covering the amount of said claim in favor of the said court and delivered the same to the judge thereof; that thereafter petitioners demanded of said auditor that he issue warrants in their favor in accordance with the order of said board of supervisors, and he then and there refused so to do, “stating in reply that he had been served with a writ of mandate directing him to draw said warrants in favor of Charles M. Head, Judge of the Superior Court, to be applied to the satisfaction of the judgment which said J. L. Babcock obtained against said J. M. Tingley, and he had complied with the command of said writ”; thereupon petitioners “made an application and motion in said

mandamus

proceedings setting forth the contract between said County of Shasta and your petitioners herein with a full presentation of all of the proceedings of said County of Shasta, by and through its board of supervisors, with reference to said contract, setting forth the parties who were interested therein, as well as the order of said board of supervisors directing the said auditor of the County of Shasta to draw warrants-for the money due upon said contract in favor of your petitioners, and then and there moved said court, Charles M. Head, judge thereof, to make an order that the writ of mandate, so issued and served as aforesaid, be dissolved, discharged, dismissed, vacated and set aside”; that thereafter said motion was denied. Hence, these present proceedings.