Oswald

In response to the petition herein, an alternative writ of mandate was issued. On the return day it appeared that no answer was made by the respondent, and on motion of the petitioner the matter has been submitted, on which we must determine whether the writ should be made peremptory.

The facts, as they appear from the petition, are as follows: The petitioner applied to the superior court of San Diego County for a writ of mandate directing the county treasurer of San Diego County to deliver to petitioner certain road improvement bonds to the amount of $66,550, which were claimed to be the property of petitioner. The treasurer, by his answer, admitted that he held the bonds and had no claim thereon, but alleged that portions of the same were claimed by various persons and corporations, and asked that the court adjudicate and determine to whom he should deliver them. One Granger intervened and prayed for delivery to him of $30,420.76 of the bonds, and Pacific M'ctal Products Company intervened and prayed for delivery to it of four thousand five hundred dollars of said bonds. After trial, the court, by its judgment, awarded the bonds to said parties as follows: To petitioner, in the…