Lapique

It appears from the petition that in December, 1913, Lapique, as the assignee of an unsatisfied judgment rendered in favor of his assignor in 1905, applied to the superior court of Los Angeles County, pursuant to the provisions of section 685 of the Code of Civil Procedure, for an • order directing the issuance of an execution for the enforcement of the judgment. Upon the hearing of the motion, the judge from the bench expressed the view that the application so made by plaintiff should be granted, and directed plaintiff’s attorney to prepare and submit an order for the issuance of an execution, stating that he would sign the same. Thereafter the court refused to make such order, but instead, on January 8, 1914, as shown by the return of respondent, made its order denying the application.

The petition for the writ must be denied. The views of the judge expressed from the bench as to plaintiff’s rights cannot be construed as an order granting the motion. It appears to be petitioner’s contention that, since the judge announced from the bench that in his opinion plaintiff was entitled to the order asked for, he should have adhered to the opinion so expressed. What the judge said from…