Title Guarantee & Trust Co. v. Superior Court

In this matter, it appears that an alternative writ of prohibition was issued by order heretofore made by this court, and that, as far as are material to a conclusion as to whether such writ should be made permanent, the necessary facts as disclosed by the files are that in due course, in an action pending in the superior court, in which the petitioner herein was a party defendant, an interlocutory judgment only was rendered; that thereafter, pursuant to motion made and presented by another of the parties defendant in the action, a new trial was granted; that following a second trial (all over the objection of petitioner herein to the effect that, the premises considered, the court was then lacking in jurisdiction), a final judgment was rendered, by virtue of which no act of a judicial nature remains to be performed; and that by its petition herein petitioner seeks an order from this court by which the respondent court will be restrained and prohibited “from taking any further steps or proceedings in connection with, or based upon, the said judgment”, etc.

Although it may be, as contended by petitioner, that an order made by the superior court by which a new trial was granted as…