Kelsey

In response to an alternative writ of prohibition issued by this court in the -above-entitled matter, requiring respondent to show cause why it should not be prohibited from proceeding further in a certain action wherein the city of San Diego is plaintiff and Van R. Kelsey and James Byers, as sheriff of San Diego County, are defendants, an answer to said writ, consisting of a certified copy of the entire record, has been filed in this court. , '

It appears from the petition upon which the writ was granted that on the twenty-sixth day of July, 1918, petitioner commenced an action in the superior court of Los Angeles County against James Kennedy, the purpose of which was to recover a money judgment against defendant therein; that at the time and upon the filing of the complaint there was duly issued by the court a writ of attachment in said action, directed to the sheriff of San Diego County, pursuant to which and the instructions given him by plaintiff, he, on July 30, 1918, attached certain personal property, consisting of tools, machinery, and other equipment, then in the possession of Kennedy and used by him in constructing what is known as the Lower Otay Dam in San Diego…