Weiser

A judgment having been entered in the superior court dismissing an alternative writ of mandate and sustaining a demurrer to the petition for a peremptory writ, the petitioner has appealed therefrom.

The uncontroverted facts are, that appellant as a creditor of an instructor in the public schools of the city of Los Angeles obtained a judgment in the municipal court, which was duly authenticated and filed with the respondent as auditor of Los Angeles County. The auditor declined to honor the same or to draw his warrant for the amount demanded, whereupon the plaintiff petitioned the court below for a writ of mandamus requiring its issuance under the provisions of section 710 of the Code of Civil Procedure. A demurrer was interposed by respondent upon the ground that said petition did not state facts sufficient to constitute a cause of action. The sole question presented involves the construction and application of the above-mentioned section as amended (Stats. 1929, chap. 634, p. 1047), the pertinent parts of which are as follows:

This section has been recognized, and is here admitted, as special legislation calculated to provide a method for the subjection of debts due from the…