Adams

Application for writ of mandate commanding respondent to proceed to the rendition of a decision and judgment in a certain cause now pending in the superior court of Stanislaus county, wherein John Adams (petitioner here)' and others are plaintiffs, and G. R. Stoddard, collector of Modesto Irrigation District, in said county, is defendant, and First National Bank of Los Angeles is intervenor. The facts are to-be found in an agreed statement and in the pleadings, from which it appears; That the action involved the validity of certain bonds issued by the said irrigation district, of which the Bank of Modesto held a portion of the par value of three thousand dollars; that the respondent was the owner of certain shares of the capital stock of said bank, the amount not shown. It is but fair to the learned judge who tried the ease to add that he expressed doubt at the beginning as to his right to sit in the cause, and did so reluctantly and only upon the assur *373 anee by both parties to the action that the validity of the bonds held by the bank would not be drawn in question. Subsequently, and at the argument upon the evidence, the validity of the entire issue of bonds, including those…