Tyler.

The appeal is from a judgment directing the issuance of a peremptory writ of mandate. The question for determination grows out of the order of the court overruling defendants’ demurrer to the petition. In addition to some formal matters the essential admitted facts are as follows: One John Gray performed labor and services for the said county of Butte on certain days at the rate of $3.50 per day, amounting to thirty-five dollars; that he thereafter prepared a written claim for the same against the said county in due form and properly verified and thereafter, on November 25, 1911, sold and assigned the said claim to one W. H. Gray for a valuable consideration, and the latter, on November 29th, sold and assigned the same to petitioner; on certain other days similar services were performed by the said John Gray, amounting in value to the sum of $19.25, for which a claim was properly prepared and verified, and the said John Gray assigned this to the said W. H. Gray, on said November 29th, and by the latter, the same day, it was assigned to peti tioner. Similar services were performed by one Bert Parrish and two separate claims against the county were prepared by him. The first of…