Weis

Prohibition. Respondents have interposed a general demurrer to a petition, in compliance with which this court issued an alternative writ of prohibition directed to the superior court of San Diego County, commanding it to refrain from further proceedings in a certain matter there pending, entitled “The People of the State of California, Plaintiff, v. Joseph Weis, Jane Doe and Mary Roe, Defendants.”

As shown by the petition, the district attorney of San Diego County, on April 27, 1916, pursuant to the provisions of section 731 of the Code of Civil Procedure, commenced an action in the superior court of San Diego County entitled as above, the purpose of which was to secure an injunction against the doing of certain acts by defendants alleged to constitute a public nuisance, and thus abate the same.

In substance, the complaint filed in that action and made a part of the petition for the writ alleges that under a concession granted to defendant Joseph Weis by the Panama-California International Exposition said defendant is conducting upon what is known as the “Isthmus,” in the exposition grounds, a public resort and place of amusement and entertainment designated and known as the…