Enright

Claiming to be a member of thepolice department of the city of Oakland, the plaintiff applied to the trial court for a writ of mandamus commanding the defendant as auditor to draw his warrant in payment of two salary claims. His application was denied. He made a motion for a new trial and the motion was denied and he has appealed from the judgment.

Plaintiff set forth a cause of action to recover two salary claims as a police officer. The defendant as auditor filed an answer denying that the plaintiff was a police officer during the period within which the alleged claims arose. He also set forth certain affirmative defenses. He pleaded the plaintiff’s discharge from the service on January 3, 1924—six years before the alleged claims for salary arose. He also pleaded several statutes of limitation. The court made findings sustaining the defendant’s claim that the plaintiff was discharged on January 3, 1924, and was not, thereafter, a member of the police department. If that finding was supported by the evidence, other points made in the briefs need not be discussed. The plaintiff vigorously contends that said finding is not supported. He claims that the civil service board duly…