Krasnow

This cause was originally before us upon the application of the above named petitioner for a writ of prohibition restraining and preventing the Superior Court of the County of Sacramento and the Honorable Dal M. Lemmon, as Judge thereof, from proceeding with the trial of a certain case therein pending entitled “Chan Buck Sun v. Bessie Haines, B. B. Krasnow et al.”, and numbered 43409.

Upon the hearing of this petition this court entered its order denying the same, and in doing so acted on the assumption that the cause of Chan Buck Sun v. Bessie Haines et al., having been partially tried, had been submitted for decision, and that the submission was set aside on the 26th day of September, 1932, and an order made that said cause be reset for trial.

The record before us discloses the following chronological history of the case: The complaint in action numbered 43409 was filed on or about July 16, 1929, to enforce an alleged stockholders’ liability. Thereafter, and on October 31, 1930, and on January 6, 1931, the cause was partially tried. Witnesses were sworn and testified, and documentary evidence introduced, and the plaintiff thereupon rested his case. The cause being partially…