Nail

Application for a writ of mandate to compel the superior court, on an appeal from a justice’s court taken on questions of both law and fact, to review an order of the justice denying petitioner’s motion to dissolve a provisional attachment issued at the time the action was begun.

Waiving consideration of two matters which suggest themselves as having a probable bearing on the right of petitioner to the writ, but which are not presented on the application, we think the petition should be denied on the points and authorities presented. The first of the two matters referred to as not considered in what is here said is: The possibility that a showing upon all the record might disclose that the attachment had become merged in the execution, and thus rendered the question involved in the ruling upon the motion to dissolve the attachment a moot question; since, if the personal property attached were now held by the sheriff under an execution regularly entered, it might be urged that this court should not issue its extraordinary writ when it would be idle and ineffective to accomplish the purpose stated on its face, even though it would enable one of the parties to gain some advantage in…