Wallace

The petitioner herein applies for a writ of mandate to be directed to the respondent in his capacity as county auditor of the county of Los Angeles, commanding him to audit and approve the petitioner’s claim and demand for the sum of $451.61, alleged to be due petitioner as his salary as judge of the municipal court of the city of Long Beach for the period between August 3, 1925, and August 31, 1925, inclusive. The particular facts upon which said application is based and is resisted are embraced in the stipulation of the parties hereto as to the facts of the case, which is in substance as follows: On the first day of August, 1925, the Governor of the state of California appointed and commissioned the petitioner herein a judge of the municipal court of the city of Long Beach, who, on August 3, 1925, took the oath of office as such judge of said court and thereupon assumed to be and act as such judge. That the city of Long Beach is a municipal corporation duly organized and existing in the county of Los Angeles, state of California, and that said municipal corporation is governed under and by a charter duly formed and effected in accordance with the provisions of the constitution…