Hammons

In this proceeding the petitioners claim that they are entitled to a writ of prohibition, restraining respondent court from rendering judgment by default against petitioners in an action brought against them in said court.

On the sixth day of July, 1923, an action to recover damages for an alleged libel was commenced in the superior court of Los Angeles County by Lyle W. Eucker against the above-named petitioners. The complaint was filed and summons issued on that day. Petitioner Hammons is a citizen and actual resident of the state of New York. He is vice-president of Educational Films Exchange of Southern California, a California corporation, and is president of the other petitioners herein, which are New York corporations.

At all times herein mentioned there was pending in said superior court an action entitled “Educational Films Corporation of America, a Corporation, et ah, vs. S. M. Herzig et al.’’ That action was on the trial calendar for June 20, 1923, at which time by order of court the date of trial was postponed to July 5, 1923. The ease was called for trial on July 5, 1923, and proceeded on that day and on the sixth and seventh days of July, when the trial was…