Church

This is an application for a writ of mandate against the controller to compel him to issue war *686 rants for salary alleged to be due petitioner as superior judge of Fresno county, for the month of December and part of the month of November, 1896.

The petition shows that S. A. Holmes had been elected superior judge of Fresno county to succeed the constitutional judge, and died during his said term, in the month of December, 1894, and thereupon one S. L. Carter was commissioned by the governor to fill said office until the election and qualification of his successor. That at the general election held on the third day of November, 1896, petitioner was duly elected superior judge of Fresno county for the unexpired term of S. A. Holmes, said term ending January 4, 1897. Petitioner duly qualified November 23, 1896.

A demand in due form is averred for a warrant for that part of his salary due from the state which accrued from the twenty-third day of November, 1896, to the fourth day of January, 1897, when said term would end.

On the twenty-sixth day of March, 1895, which was after the death of Judge Holmes, and after Judge Carter had been appointed and had duly qualified, the…