Legerton

An appeal was taken in this case by the county auditor of the county of Los Angeles from a judgment awarding writ of mandate to compel the issuance of a warrant in favor of petitioner for the sum of $131.99 as payment for that portion of the salary of a superior judge payable from the county of Los Angeles for a period from the nineteenth day of November, 1914, to December 5, 1914. The preliminary facts in this case are the same as those in Legerton v. Chambers, ante, p. 601, [ 163 Pac. 678 ], this ‘day decided. There was interposed in this case, a defense additional to that presented in the case referred to, whereby the auditor showed that there had been filed with him an abstract of a judgment rendered against petitioner in the justice’s court of Los Angeles Township in the sum of $299.77. It is stipulated by counsel that this matter may be submitted upon the briefs and authorities filed in this and in the case of Legerton v. Chambers. The trial judge by his judgment determined that petitioner was a duly elected superior judge and a de jure officer from the nineteenth day of November to the fifth day of December, and that he was entitled to his salary as such. He determined the…