Tujague

This is an application for a writ of prohibition. Heretofore the court granted an alternative writ based on the affidavit of the petitioner. Later the defendants appeared and filed a demurrer and an answer and a hearing yms had on questions of law.

The point on which the petitioners rely in asking that the writ be made peremptory is this, they assert that heretofore Theresa Simons as the owner commenced an action of unlawful detainer against these" petitioners as lessees; that the petitioners appeared and answered; that judgment was rendered in favor of the landlady and that the whole proceeding was in excess of jurisdiction because the subtenants, thirty-nine in number, were not served with the notice to quit, nor were they made parties to the action, and for that reason the trial court in the unlawful detainer action exceeded its jurisdiction.

In their application for a writ the petitioners pleaded in Tiaec verba, the complaint and its exhibits, the demurrer of the defendants, the amended complaint, the answer to the amended complaint, the lease and the writ of execution. No claim is made that the petitioners did not present in proper form at a proper time to the trial court…