Jensen

The respondent moves that the peremptory writ of mandate heretofore issued herein be recalled for the purpose of correction.

The writ was issued pursuant to the judgment in favor of the petitioner ordering a peremptory writ as prayed in the petition. (Jensen v. McCullough, 94 Cal. App. 382 [ 271 Pac. 568 ].) The cause was determined upon the demurrer to the petition and the issues were therefore confined to the allegations of the petition. (Metropolitan Life Ins. Co. v. Welch, 202 Cal. 312, 314 [ 260 Pac. 545 ].) The issues raised by the petition related to the failure of the respondent to remit to the state the amounts found due from the county of San Benito to the state of California for the care of four defective children committed to the Sonoma State Home. Though the petition prayed for general relief and the proceeding was conceded to be a test case to determine the constitutionality and application of the state statute re quiring the county to remit to the state payment for the care •of defective children generally, the petitioner now does not contest the application for a correction of the peremptory writ so as to confine its operation to the individuals named in the…