Platnauer

Plaintiff was granted a peremptory writ of mandate directing the defendants to appoint a justice of the peace for the city of Sacramento. The defendants have appealed.

Plaintiff alleged that he is a taxpayer and a qualified elector of the city of Sacramento; that for more than twenty years he has been admitted to -practice law in the state of California; that he presented and filed a petition, signed by taxpayers and electors of the city of Sacramento, requesting defendants to appoint him justice of the peace of said city, and that plaintiff demanded of defendants that they appoint some competent person justice of the peace of said city, but that they refused and still refuse to appoint any person to such office. From the pleadings and the stipulations of the parties it appears that one of the judicial townships into which the county of Sacramento is divided is designated Sacramento township and is identical in boundaries with the city of Sacramento ; that a justice of the peace for said judicial township was elected at the last general election and is now acting as such; that for a number of years there has been no incumbent of the office of city justice of the peace of the city…