Bailey v. Baker

This is an appeal by the plaintiff from a judgment denying his petition for a writ of mandate. That judgment followed an order sustaining a demurrer to the petition and failure of the plaintiff to amend.

The petition shows that a certain action entitled Matthew Bailey v. Security Trust Company et al., in the superior court of the county of Kern, was an action in claim and delivery wherein the plaintiff made the affidavit and gave the undertaking required to obtain the provisional remedy allowed by the Code of Civil Procedure, section 509 et seq. Pursuant to notice duly indorsed upon the…