Watson

An opinion passing upon and determining the legal questions involved herein favorably to the petitioner was filed in this court on the seventeenth day of May, 1924. (Watson v. Greely, 67 Cal. App. 328 [ 227 Pac. 664 ].) Contemporaneously with the filing of the demurrer by which the legal points were raised, an answer to the petition was filed tendering certain issues of fact. It was stipulated by and between counsel for the respective sides that the legal points might be determined by this court and that if such determination were, against the contentions of the respondent, then the issues of fact should be referred to the superior court in and for the county of Tuba for trial and determination, that upon such trial and determination the findings and the trial court’s conclusions from the facts should be returned to this court, and that, if the former court’s findings were in accord with the facts as alleged in the petition, then a writ of mandate directed to and requiring the respondent to issue his warrant to and in favor of the petitioner for the amount of his claim against the county of Tuba as alleged in the petition was to issue out of this court. The legal points raised by…