Garoutte

Application for a writ of mandate.

In an action brought by the petitioner against Stephen Williamson et al. in the superior court for the city and county of San Francisco judgment was entered January 31, 1894, in favor of the petitioner for the sum of three thousand eight hundred and ninety-one dollars, and twenty-one cents, and three hundred and sixty-six dollars costs of suit. A motion for a new trial was made by the defendants, and, after argument thereon, an order was entered in the minutes of the court July 31, 1894, granting said motion. August 13, 1894, the court made and caused to be entered in its minutes the following order:

Within the time designated therefor in this order the plaintiff filed a waiver of his appeal and right to appeal from said order, but the defendants did not pay the sum of two hundred and twenty-six dollars named in the order. September 17, 1894, the petitioner applied to the respondent, as clerk of said court, to issue an execution upon the judgment, and upon his refusal the present application was made for a writ of mandate requiring him to issue such execution.

Upon the application and return herein we can consider only the order of August…