Spinks

Petition for mandate to compel the superior court to proceed with a hearing on contempt. The petition shows that an action was commenced in November, 1913, by a corporation, against the plaintiff, wherein damages were claimed in the sum of one million six hundred thousand dollars; that thereafter a second amended complaint was filed and petitioner made Ms verified answer thereto-, and September 22, 1914, was set as the day for the trial of the issues thus made up; that on the day immediately preceding the day set for trial the- plaintiff in that action filed with the clerk a direction that the suit be dismissed, and- the clerk made an entry in the register of actions, noting that the action was dismissed and the order filed; that within five days thereafter petitioner, as the defendant in that action, filed his memorandum of costs, which amounted to sixty-nine dollars, and the court thereafter gave judgment in his favor for the amount of said costs. Execution for the collection of the amount of this judgment having been returned unsatisfied, the petitioner had proceedings instituted to have the matter of the ability of the corporation to pay investigated and for that purpose…