Taylor

Appeal from final judgment and order granting plaintiff’s petition for a writ of mandate to compel appellants in their capacity as the city council of Oakland to set apart from the funds of that city money, not exceeding twelve thousand dollars, sufficient to pay all warrants issued by the board of trustees of the exempt fireman’s relief fund and audited by the auditor of said city. ,

The action is based upon an act of the legislature entitled, *498 “An act to create an exempt firemen’s relief fund in the several counties, cities and counties, cities and towns of the state, and relating to the enrollment, formation into fire companies, and services as firemen of such exempt firemen,” approved March 26, 1895. (See Stats. 1895, p. 107.)

The case was tried on an answer to the petition, and the appeal is taken on the judgment-roll, from which it appears that the court found that no incorporated exempt fire company existed in the city of Oakland on March 26, 1895, the date of the approval of said act and the time when it took effect, and this is the first ground for reversal contended for by appellant.

The second ground for a reversal of the judgment stated by defendant is, that the…