Chase

A petition was filed on October 19, 1962, for a writ of prohibition to restrain respondent court from proceeding with and passing upon a motion which it had taken under submission on October 16. Pursuant to rule 56(b) (Rules on Original Proceedings in Reviewing this court deemed it advisable to await five days to permit the filing of opposition by respondent or real party in interest. In the meantime, respondent court proceeded to consider the matter and on October 23, 1962, made its order hereinafter set forth.

The events leading up to this order are as follows: On July 9, 1962, the law firm of Silver, McWilliams & Sherman filed a personal injury complaint purporting to be on behalf of petitioner herein, case No. SO C-3718. On July 23, 1962, attorney Lund, upon petitioner’s authorization, filed a like complaint based upon the same injuries, case No. SO C-3787. Petitioner thereafter, through attorney Lund, made a motion in case No. SO C-3718 to strike the complaint or to dismiss same without prejudice upon the ground that same was filed without authorization.- On September -12, 1962, after hearing and receipt of oral and documentary evidence on behalf of petitioner and thé. law…