Moody v. Shuffleton

LANGDON, J.

This is a proceeding in

mandamus

to compel the defendant, as auditor of the county of Shasta, to draw his warrant in favor of plaintiff in the amount of certain claims previously approved by the board of supervisors of that county.

The facts leading up to the proceeding and necessary to its understanding are: H. L. Moody, the father of the plaintiff, had been, prior to July 17,1925, the owner and publisher

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of a newspaper known as “The Searchlight,” published in Redding, Shasta County, California. In connection with the publication of this newspaper, he conducted a printing and jobbing business and owned and operated a general printing plant.

On September 19, 1923, he became supervisor of Shasta County. Prom the time he became supervisor until July, 1925, he did printing, advertising, and job work for and sold supplies to Shasta County and claims for the same were presented to the board of supervisors and approved. He collected from Shasta County, while he was supervisor, for printing, advertising, job work, and supplies, the sum of $5,755.96. In July, 1925, several claims presented by him for printing, job work, and supplies were, upon advice of the district attorney, rejected by the supervisors, as illegal claims and, thereafter, an action was brought against him by the district attorney of Shasta County to recover money which he had collected from the county for printing, advertising, job work, and supplies while he was supervisor. This action has since been tried and judgment rendered by the superior court of Shasta County against H. L. Moody and an appeal has been taken by him to this court, which appeal is at present undetermined.

About two weeks after the claims were rejected as aforesaid, in July, 1925, H. L. Moody recorded a bill of sale purporting to convey said newspaper and printing plant to H. G. Moody, his son, and contemporaneously recorded a chattel mortgage on said newspaper and printing plant, purporting to have been executed by said H. G. Moody to H. L. Moody and his wife, Emma H. Moody. Thereafter, II. G. Moody, doing business under the name and style of “The Searchlight,” proceeded to do printing, advertising, and job work for and furnish supplies to Shasta County, and presented claims to the board of supervisors thereof for the payment of the same, and said H. L. Moody, sitting on the board of supervisors, approved said claims and the same were transmitted to the auditor with the request that he draw his warrant on the treasurer of Shasta County for the payment of the same. The auditor was advised by the district attorney of Shasta County that said claims and demands were illegal, because H. L. Moody, a supervisor of Shasta County, who participated in the approval and