Gise

This is an appeal from an order of court granting a peremptory writ of mandate directed to John S. Myers as auditor of the city of Los Angeles, commanding him to pay into court certain moneys due from the city to Thomas F. Rico, to be applied, pursuant to the provisions of section 710 of the Code of Civil Procedure upon an existing judgment in favor of petitioner and against said Rico.

The amount due upon the judgment at the time of filing the transcript with the city auditor was upwards of two hundred dollars, and the amount due from the city to said Rico, who was a police officer, was one hundred and fifty dollars. Appellant contends that section 710 of the Code of Civil Procedure directs the payment of money into court only in those cases where the amount due from the municipality to the judg ment debtor, as shown by the transcript, is sufficient to cancel the judgment, and that inasmuch as the amount due from the city to Rico was less than the judgment, recourse cannot be had to the procedure prescribed by said section for the collection of money due upon the judgment. The claim is based upon the requirement that there shall be paid into court such sum of money due from the…