Green

Plaintiff petitioned the superior court of Butte county for a writ to review the proceedings of defendant in an action entitled A. E. Cole, plaintiff, v. A. D. Green (petitioner here), defendant. It appears from the complaint herein that on July 11, 1911, said action was commenced in said above-entitled court for the restitution of possession of certain leasehold property held by said Green; on July 13, 1911, summons was duly served and filed commanding defendant therein to answer within' three days from date of service; on July 18, 19ll, defendant, by his attorney, R. C. Long, filed a demurrer to the complaint. It is then averred that, about July 27, 1911, the said justice promised said attorney that he would postpone aE proceedings in the case “until said attorney should return from his vacation’’ (no time stated); that afterward, to wit, on August 1, 1911, the said justice, at the request of the attorney for said Cole, plaintiff in said pending action, brought the case to trial without notice to defendant or his attorney as required by section 850, Code of Civil Procedure, and, after hearing evidence, the.said justice rendered judgment, as prayed for in the complaint in said…