Raine

This is a petition for a writ of prohibition against Hon. William P. Law!or, as judge of the superior court of the city and county of San Francisco, to prohibit him from revolting an order appointing petitioner special administratrix of ihe estate of Inez Sexton Hutton, deceased.

On the second day of May, 1905, an order Avas made and signed by said judge, appointing petitioner special administratrix of the estate of deceased, and directing that special letters of administration issue to her upon filing a bond and taking the proper oath. Petitioner thereupon qualified and gave the proper bond. It is not necessary to decide the question as to whether the order appointing petitioner was made by the court or by the judge at chambers. In either case the appointment was valid. (Code Civ. Proc., secs. 1411, 1412.)

On the tenth day of May, 1905, H. W. Hutton, the surviving husband of deceased, served and filed a notice of motion to vacate and set aside the order appointing the petitioner such special administratrix, upon the ground, among others, that the order was irregularly and inadvertently made and Avithout notice. The motion came on regularly to be heard on the eleventh day of…