Fox

Petitioner applied to the superior court for a writ of mandate, which application was denied. He then moved for a new trial in the said proceeding, which motion was overruled. This appeal is from the court’s ruling on the motion.

Petitioner is the owner and holder of certain street improvement bonds issued by the city of Los Angeles in accordance with the provisions of the street improvement bond act as amended in 1899. The respondent, at the times hereinafter mentioned, was the city treasurer of said city.

On October 5, 1901, the owner of the lots upon which said bonds were a lien, having defaulted in his payment of both principal and interest due thereon, petitioner declared said bonds delinquent, and made demand in writing upon respondent to sell said lots as provided by law to satisfy said bonds. The latter regularly published notice of sale of said property for nonpayment of said bonds, the time of sale being fixed therein for October 29, 1901. The amounts due upon said bonds, as stated in said notice, were $668.50 principal, and $205.11 interest, which sums were in full of all unpaid principal and coupon interest respectively, as shown upon the face of said bonds and the…