Hutchison

Plaintiff sued in mandamus to compel the defendants to draw and issue to plaintiff their warrant upon the funds of the defendant Reclamation District in payment of a judgment in favor of plaintiff and against the District in the sum of $2,116, and interest, rendered on July 10, 1922, and becoming final on July 28, 1924. The defendants answered pleading the former judgment in bar to plaintiff’s right to mandamus and also pleading the bar of the statute of limitations. Judgment went for the defendants on both issues and the plaintiff has appealed upon a typewritten record.

In support of the judgment the respondents argue that inasmuch as the appellant in the former action sought mandamus to compel the issuance of a warrant, and as the court merely gave a money judgment against the District, we must assume that the court in that action found against the respondent’s right to mandamus and that the judgment is to that extent “res ad judicata.” It is also argued that as the present suit involves the same subject matter as the former action (compensation for services rendered the District in 1919), this cause is barred by the statute of limitations. The appellant contends that the…