Hoffman

This is a proceeding in mandamus to compel the superior court of the city and county of San Francisco to pronounce a judgment in a case presented to that court for determination.

The petitioner instituted a proceeding under the provisions of the act approved June 16, 1906, for the establishment and quieting of title to real estate in case of a loss or destruction of the public records, commonly known as the “McEnerney Act.” (Stats. 1906, p. 78.) The proceeding was numbered 125 in said court and was entitled “Robert 0. Hoffman, plaintiff, v. All persons claiming any interest in or lien upon the real property herein described, defendants.” The matter was duly presented to the superior court and it thereupon found that the petitioner had sufficiently made out his case to entitle him to the relief provided in the statute and prayed for in the petition, and that the proceeding was in all respects regular, with the supposed exception that the affidavit filed with the complaint, as required by the statute in question, was insufficient to give the court jurisdiction to proceed to judgment.

The affidavit was made by the petitioner. So far as material it is as follows:—

The supposed…