Bailey

Original application to this court for a writ of mandate.

It appears that the petitioner, Matthew Bailey, as plaintiff, filed a petition in the superior court of Kern County, wherein Thomas A. Baker was made respondent, praying judgment that a writ of mandate be issued directed to Baker, as sheriff of Kern County, requiring him to deliver to petitioner certain personal property and documents in the petition fully described. Upon trial of said proceeding, judgment was rendered for the plaintiff, in accordance with which a peremptory writ of mandate was issued commanding Baker, as such sheriff, to immediately take into his possession the personal property and documents described therein and deliver the same to Matthew Bailey, the petitioner for said writ; that Baker refused to comply with the writ upon the ground that he had appealed from the judgment. Thereupon petitioner presented to the court an affidavit setting forth the fact of Baker’s refusal to comply with the order of court, and upon which he prayed that a citation he issued by respondent requiring Baker to appear and show cause why he should not be punished for contempt of court in so refusing to obey the writ of mandate.…