Kaplan

In this proceeding, the plaintiff corporation obtained a judgment awarding it a peremptory writ of mandate against the defendant, Kaplan, as clerk of the police judge's court No. 2 of the city and county of San Francisco, commanding him, as such clerk, to pay to plaintiff the sum of $455, received by him for fines and forfeitures collected in said court during June and July, 1887, from persons arrested for being drunk or under the influence of liquor. This judgment was rendered on the twenty-fifth day of October, 1887, but was not entered of record until the twenty-seventh day of the same month. On the same day that the judgment was rendered, which, it will be observed, was two days before the entry of it, the defendant perfected this appeal from it.

On the 29th of August, 1889, upon the ex parte suggestion of the respondent’s counsel of the death of Louis Kaplan, the appellant, and also that Francis Doran had been duly appointed and had qualified as his successor in office, being made in this court, an order was made substituting Doran as the defendant and appellant herein instead of the deceased Kaplan. September 3,1889, upon proper notice to counsel of record for the deceased,…