Schwandt

The petition for a writ of prohibition alleges in substance that in an action to which petitioner is not a party a certain automobile upon which petitioner holds a $1500 mortgage has been attached under a writ issuing from the Justice’s Court of San Diego Township, that petitioner duly filed a third party claim for said property, that the plaintiff in said action filed a bond to indemnify the constable, that the constable now holds said property and . that proceedings have been instituted in said Justice’s Court to try the title to said automobile under the provisions of Code of Civil Procedure, section 689, that petitioner filed objections in said Justice’s Court upon the grounds that said court was without jurisdiction to try said title, that said objections were overruled and that said court will proceed to try said title unless prohibited therefrom.

Petitioner’s chief contention is that the Justice’s Court is without jurisdiction for the reason that Code of Civil Procedure, section 689, in so far as it provides for a method of trying title to attached property, does not apply to justices’ courts.

The article in the Code of Civil Procedure dealing expressly with procedure on…