Deasy

Application for a writ of mandate directed to the auditor of the city and cqunty of San Francisco and also to the persons constituting the board of supervisors of said city and county and to the mayor thereof, by the terms of which writ the said auditor shall be commanded to certify to the treasurer of said city and county the fact and amount of a certain^ judgment for the sum of $29,808.94, and interest and costs, obtained by the petitioner herein against said municipality and remaining unpaid; and by the terms of which writ the said mayor and board of supervisors shall be required to include within the budget of estimated expenses and required finances of said municipality for the ensuing year the amount due upon said judgment, and to levy a tax for the payment of the same, as required by law.

The respondents have appeared to oppose the issuance of said writ upon several grounds to be hereinafter considered." '

The facts upon which the petitioner predicates its demand for the issuance of said writ of mandate are undisputed and are briefly these: On the first day of December, 1917, the petitioner herein recovered a judgment against the said city and county of San Francisco for…