Newby

This is an appeal from a judgment directing the issuance of a writ of mandate.' The ease is presented upon the judgment-roll alone. It appears from the petition for the writ that respondent Newby was, in September, 1921, appointed by Honorable William D. Stephens, Governor of the state of California, to act as a notary public in and for the county of Alameda; that pursuant to such appointment and in accordance with the law he took his oath of. office before the county clerk of Alameda County and executed his official bond, which was approved by the Honorable J. S. Koford, a judge of the superior court of said county. Thereafter, and subsequent to such approval, Newby tendered the bond to the county recorder, appellant herein, together with the requisite filing fee, and with the request that the same be recorded. This request was refused. Upon such refusal the petitioner instituted this proceeding and prayed that a writ of mandate issue commanding appellant to forthwith file and enter of record said bond, or appear and show cause why the same should not be filed. Appellant demurred to the petition. The matter came on for hearing and a peremptory writ issued directing appellant to…