Balzano

This is an original proceeding in mandamus to compel respondent to release five hundred dollars belonging to petitioner and held under garnishment by respondent in his capacity as sheriff of Los Angeles County pursuant to a writ of attachment issued in an action in which petitioner was a defendant, then pending in the superior court of Los Angeles County.

In his petition herein petitioner alleges, in addition to the foregoing, that the superior court gave judgment against him in the action for more than five hundred dollars, from which judgment he perfected an appeal to the supreme court and filed an undertaking in double the amount of the judgment, staying execution; that thereafter, contrary to the provisions of section 674 of the Code of Civil Procedure, the sheriff refused to release the attachment; and that he thereupon made application to the superior court for an order releasing the attachment, which was denied.

An alternative writ was issued by this court upon the petition, and on the return day respondent filed a general demurrer.

Petitioner filed his memorandum of points and authorities in support of his application and respondent filed his brief in support of his…