Anderson

In each of these proceedings the writ of mandate is demanded. In each, upon presentation of petition therefor, and ex parte, an alternative writ was issued. The two proceedings may be determined by a single opinion. Throughout the opinion petitioner Benjamin Franklin Bond and Indemnity Corporation will be referred to as the Bond Company.

In the first proceeding, Civil No. 8805, it is alleged in the petition that the Bond Company exists for the purpose, “among others, of making, guaranteeing or becoming a surety” on bonds and undertakings, and that it had, prior to July 1, 1932, “fully complied with all the requirements of the law” of California regulating its formation and its right to transact business within the state, and that, since the date mentioned, it has regularly done business therein; that petitioner Anderson has been appointed a notary public and that it is necessary for him to qualify himself for the office by giving bond to be approved by a judge of respondent court; that on July 1, 1932, respondent insurance commissioner issued to the Bond Company the certificate of authority to do business provided for by law; that on November 9, 1932, the insurance commissioner…