Gallagher

This appeal is from a judgment of the superior court of the city and county of San Francisco denying the application of the appellant for a writ of mandate by which he was seeking to compel the respondent, as auditor of said municipality, to issue his warrant upon its treasury for the payment to appellant of the sum of sixty-six dollars claimed by him to be due for the transcription of certain testimony taken by him as a police court reporter at the preliminary examination of one Bernardino Caterini in the police court of said city and county upon a charge of felony, upon which he was discharged from custody by the judge of said police court. The transcription of said testimony was made upon an order of the superior court of said city and county entered in another criminal case, to which said Caterini does not appear to have been a party. The purpose for which such transcription was made does not appear, but the appellant attempts to justify the order for its transcription under subdivisions 4 and 5 of section* 128 of the Code of Civil Procedure, which read as follows:

We find nothing, however, in either of these subdivisions of said section of the code which would give a…