Jackson v. Baehr

COOPER, C.

This is a proceeding for a writ of mandate against defendant, as auditor, to compel him to draw his warrant in favor of petitioner for twenty-six dollars, for attendance as a juror in the superior court for the trial of criminal eases for a period of thirteen days. The court gave judgment for plaintiff, and this appeal is from the judgment on the judgment-roll. The verified petition is not denied, and it therein appears substantially as follows: Plaintiff, in the

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month of March, 1902, was summoned as a regular juror in Department Twelve of the superior court, and his attendance was required therein for the trial of criminal cases. He was in attendance during said month for a period of thirteen days, but only served in the jury-box in the trial of cases for three days of said time. During the other ten days he was in attendance upon court each day, but was either excused or not impaneled upon any jury. The judge of the superior court made a written order, after the expiration of said thirteen days, approving plaintiff’s demand and ordering the treasurer of the city and county of San Francisco to pay it. This order was duly presented to defendant, as auditor, and he indorsed it, “Allowed April 18, 1902, payable out of the general fund.”

Thereafter, upon demand being made by plaintiff, the defendant refused to draw his warrant upon the county treasurer for said sum or any part thereof, and the same has not been paid. There is money in the general fund of the city and county sufficient to pay the said claim and all proper demands. The question for determination is as to whether or not a juror in attendance upon the superior court in criminal eases is entitled to two dollars per day under the law for such services.

The question as to jurors’ fees, under different statutes, has been before this court several times before. In

Hilton

v.

Curry,

124 Cal. 84, it was held that the right to compensation for service of a juror in a civil case is purely statutory, and in the absence of any provision upon the subject the juror is not entitled to any compensation for services.