Jacobs

This is a proceeding under a writ of mandate, sued out by appellant to command respondent, as county clerk of the county of Merced, to issue to him, the said appellant, a certificate showing and certifying to his attendance in and upon the superior court in and for said county of Merced as a trial juror, and that he is entitled to pay for fifty-one days, and to like pay for one mile travel as such juror.

*319 The cause was submitted upon the petition, answer, and agreed statement upon which the court below found in favor of respondent, and entered judgment discharging an alternative writ of mandate theretofore issued in the cause, and awarding costs against the appellant.

The appeal is from the judgment discharging the writ.

The petitioner was in all respects competent to serve as a trial juror in the county of Merced, and was regularly drawn, summoned, and on the twenty-third day of March, 1891, appeared as a juror in the superior court in and for said county of Merced, and served as such juror for three days, viz., until and including March 25, 1891.

On said last-mentioned day petitioner and other jurors in attendance on said court as jurors were, by order of the court, duly…