Storelli

This matter is before us upon an appeal from a judgment entered after an order had been made sustaining the respondent’s demurrer to the plaintiff’s petition for a writ of mandate. The petition for writ of mandate alleges that on or about the fifth day of January, 1927, James Robertson, as constable in and for the township of Vallejo, in Solano County, under a writ of attachment placed in his hands, wherein the petitioner was named as defendant, attached certain property belonging to the petitioner. That thereafter the petitioner claimed a return of said property as exempt from execution and filed a claim of exemption in the justice’s court of Vallejo township, from which court said writ of attachment was issued, and moved said court for an order releasing said property from attachment, but that the justice of the peace of said township has refused at all times to order said constable to release said property from attachment.

The demurrer to the petition was sustained on the ground that it does not state facts sufficient to warrant the issuance of a writ of mandate. If the facts stated in the petition are correct, it shows that the petitioner had a plain, speedy, and adequate…