Oliver

Petition for writ of mandate to be directed to the superior court of the city and county of San Francisco for the insertion of certain names nunc pro tunc as of November 13, 1922, the date of the entry of a certain judgment, so as to conform to the facts.

The action in "which the judgment was rendered was one in which petitioner, acting as trustee in bankruptcy in the estate of Commercial Brass Foundry, a proceeding pending in the United States district court, brought an action on August 12, 1921, as such trustee in the superior court of the city and county of San Francisco against Staples and Pfeiffer, a partnership, to recover the sum of $689.49, alleged to have been received by defendant as a preference, voidable under the provisions of sections 60a and 60b of the National Bankruptcy Act (32 Stats, at Large, 799, 800 [1 Fed. Stats. Ann, pp. 1004, 1026; U. S. Comp. Stats., see. 9643]), and the amendments thereto. The caption used in the complaint was “Staples and Pfeiffer, a partnership composed of Earl I. Staples and L. A. Pfeiffer, defendants.” In the complaint it is alleged in paragraph 2 thereof that at and during all of the dates and times hereafter mentioned the defendant…