Lampton

Appellant was the owner of a street improvement bond of date May 19, 1931, issued under the Improvement Act of 1911. (Stats. 1911, p. 730.) It instituted an action to foreclose said bond in the Superior Court of the County of Los Angeles in pursuance of section 76a of said act, and on November 29,1933, secured a judgment by default foreclosing said bond, which judgment was on said day signed by the judge of said court and filed with the respondent, L. E. Lampton, as clerk of said court, together with a demand that said respondent clerk enter said judgment in the judgment book of said court. This demand the respondent refused to comply with, basing his refusal upon the failure of appellant to deliver to said respondent clerk a certificate of cancellation of said street improvement bond issued by the city ■treasurer of said city, and for failure to pay to said city treasurer any portion of the penalties accruing on said bond. Appellant thereupon petitioned the superior court for a writ of mandate directed to the respondent clerk requiring him to *700 enter said judgment without the delivery of said certificate of the city treasurer as required by section 76b of said act. The trial…