Gadette

Appellant filed a petition in the superior court of the county of San Diego for a writ of prohibition directed against the recorder’s court of East San Diego. A general demurrer was interposed by the defendant and was sustained and the appeal is taken from the judgment entered upon the petitioner’s failure to amend.

The petition alleged the beginning of an action in the recorder’s court of East San Diego wherein one Ava C. Roberts was plaintiff and L. Gadette was defendant; that said defendant was at the commencement of said action a resident of another state; that in said action the defendant therein had filed a demurrer and at the same time filed with the recorder’s court and served upon the plaintiff a notice requiring security for costs as provided in section 1036 of the Code of Civil Procedure; that notwithstanding the filing of said notice, the recorder’s court subsequently heard the demurrer and overruled the same and ordered the defendant to answer forthwith and thereupon entered judgment in favor of plaintiff and against defendant; that the recorder’s court was about to enforce this judgment and the plaintiff in said action entirely failed to deposit a bond as required…