Cohn

Petitioners, invoking the original jurisdiction of this court, have petitioned for a writ of mandate to compel the respondent, the city clerk of the city of San Buenaventura, to receive and file the nominating petition of each of four electors of the city—upon whose behalf the petition for the writ is presented—whereby each of the four is nominated for election to the office of city trustee, to be voted for at a special recall election to be held January 27, 1920.

[1] Respondent demurs to the petition upon the ground that it appears on the face thereof that a final judgment has been entered in the same matter by the superior court in and for Ventura County.

It appears from the petition that on January 8, 1920, the jurisdiction of the superior court for Ventura County was similarly invoked in a mandamus proceeding between the same parties and involving the same subject matter; that the superior court issued an alternative writ returnable be fore it January 12, 1920; and that on that day the court, after due hearing, gave judgment for the respondent and denied the peremptory writ. Notwithstanding the petition filed in this court discloses this prior adjudication by the superior…