Cunning

This matter is before the court upon an original application for the issuance of a writ of supersedeas herein. It appears from the intervener’s petition that the plaintiff Cunning, upon his own and the assigned claims of five others, began an action in the superior court of Humboldt County against the auditor and treasurer thereof to compel the auditor to issue warrants for certain services performed by the petitioner and his assignors and also to compel the treasurer to pay the same. The petitioner herein thereupon filed his complaint in intervention. The cause went to trial and the plaintiff had judgment. The petitioner filed a notice of appeal without giving any bond or undertaking to stay proceedings on appeal. The defendants Carr and Hodgson have taken no appeal. After the entry of judgment in favor of the plaintiff, a writ of mandate was issued under the hand and seal of the clerk of the superior court of Humboldt County, directing the auditor to issue warrants for the claims held by the plaintiff and, also, directing their payment by the treasurer of Humboldt County. It is to supersede this writ of mandate that the petitioner now asks the order of this court.

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