Opinion
Application for a writ of mandamus, compelling the Secretary of State to compare and certify the votes cast at the last congressional election, in accordance with the law in force in the state prior to March 13, 1883. At the hearing, it appeared that a petition asking the same relief had been presented to the Superior Court of the city and county of San Francisco, and the writ was denied.
COUNSEL:
Attorney General Marshall, M. R. Leverson, and G. W. Chamberlain, for Petitioners.
H. G. Platt, for Respondent.
JUDGES: In Bank.
OPINION
THE COURT
An appeal lies to this court from the judgment rendered in the Superior Court of the city and county of San Francisco, denying the writ asked for by the relators therein. That case, as appears from the petition to this court, is the same as is presented here. Under these circumstances, as the relators can bring their case here by appeal from the judgment entered, the writ asked for is denied. We will add here, that the order of the Superior Court denying the writ in the case before it is the final judgment in the cause, from which, when regularly entered, an appeal will lie. Application denied.