Coleman

On the fourteenth day of September, 1933, the petitioner herein, after notice duly given, moved the Superior Court of the County of Calaveras to dismiss a certain action therein pending wherein one Giacomo Oneto is plaintiff and the petitioner herein is defendant, on the ground that said action had not been brought to trial within five years after filing the complaint in said action. On the 19th of September, 1933', the Superior Court denied said motion, and upon application set said cause for trial on the third day of October, 1933. Thereupon, the petitioner instituted this proceeding to obtain a writ of prohibition restraining said superior court and the judge thereof from proceeding with the trial of said action, or denying any action therein, other than to enter an order of dismissal. Thereupon, this court issued an alternative writ of prohibition restraining the respondents from proceeding with the trial of said action until the hearing of said petition, and requiring respondents to show cause why they should not be permanently enjoined and prohibited from proceeding with the trial thereof.

The record shows that the motion to dismiss the action of Oneto against the…