Green

This is an application for a writ of prohibition to be directed to the superior court' in and for the county of Los Angeles and to Harry R. Archbald, as judge thereof, requiring the said respondents to desist from any action or proceeding based upon a temporary injunction following a restraining order issued out of said court under the order of the said judge.

The facts appear to be that Rosa Green had brought a suit in accounting against Max Green and had obtained from the court an order restraining the defendant from dealing generally with the subject matter of the action and directing defendant to show cause on the eighteenth day of October, 1923, why a temporary injunction pending the trial of the cause should not be issued to the same effect. In accordance with the said order, the defendant personally appeared—his attorney being excusably absent. Although the order to show cause did not appear on the court’s calendar, the matter was nevertheless called; and, according to the return, as appears by the affidavit of the judge filed herein, the defendant personally requested a continuance, to which request the attorneys representing plaintiff consented; and an order was…