Lay

This is an original proceeding in certiorari to vacate and annul an order made by the superior court of Los Angeles county for the arrest of petitioner in a civil action.

The complaint is not before us. It appears, however, from the affidavit that on May 7, 1909, an action was commenced in the superior court of Los Angeles county against petitioner, wherein plaintiffs therein sought to obtain a money judgment against him. Upon the .filing of the complaint therein, the court, upon an affidavit made and filed by one of the plaintiffs in the action, made an order for the arrest of defendant, who, pursuant to said order, was placed under arrest by the sheriff of San Diego county. Thereafter petitioner moved the court to annul and vacate the order of arrest, upon the ground that the averments in the affidavit upon which the order of arrest was based were insufficient to warrant the making of the order, in that they failed to comply with the provisions of section 481, Code of Civil Procedure.

The court denied the motion. The purpose of this proceeding is to have this ruling of the court reviewed.

Conceding the ease to be one of those specified in section 479, Code of Civil Procedure,…