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49 Cal. 522

Dubordieu v. Butler

California Supreme Court

Decided July 1, 1875

California Supreme Court · decided 1875-07-01

Mandamus to compel defendant to pay the following warrant: “$155 03.

Cited by 1 later decisions — most recently November 1895

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1875-07-01

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By the Court, Wallace, C. J. :

¶1The application for a writ of mandamus against the defendant, City Treasurer of the City of Los Angeles, to compel him to pay a certain warrant, was denied by the Court below. In his answer the defendant relies upon an ordinance of the City Government, by which he is forbidden to pay any warrant drawn upon him, unless the claim upon which such warrant is based shall have been audited and allowed by the Common Council of the city. So far as this point is involved the cause seems to have been disposed of below, and is brought up here upon the pleadings alone. The ordinance, as pleaded, presents a plain defense to the application, necessitating the affirmance in this Court of the judgment rendered below.

¶2Judgment affirmed. Remittitur forthwith.

¶3Mr. Justice Niles did not express an opinion.

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