James

The application is to annul an order made by said superior court on July 27, 1915, dissolving a preliminary injunction directed to he issued on March 30, 1915, after notice and full hearing in the case of Henry T. J ames v. P. B. Steifer Mining Co. (a Corporation), pending in said court at the time said orders were made. No appeal was taken from the order granting the injunction.

The contention of petitioner is:

The foregoing propositions are apparently supported by the decision of the supreme court in the carefully and thoroughly considered case of United Railroads of San Francisco v. Superior Court, 170 Cal. 755 , [Ann. Cas. 1916E, 199, 151 Pac. 129 ], but respondents in their brief point out that in February, March, October, and November, 1915, petitioners herein paid severally the full amount of the assessment on their respective shares of capital stock, and the company issued to them receipts therefor, and said assessments have been marked paid on the books of said company. Since the said temporary injunction was issued solely for the purpose of preventing the sale of said capital stock to enforce the payment of said assessment and the payment has been voluntarily made, the…