Melick

This is a proceeding for a writ of prohibition. It appears from the petition upon which the alternative writ was issued that an action was commenced in respondent court by respondent Kelley against five defendants, two of whom were one J. H. Cochran and the petitioner here, J. B. Melick; that summons and complaints therein were served upon Cochran, but that no service was ever made upon petitioner, nor were any steps ever taken to procure a publication of summons as to him, nor did he ever appear in the action; that a writ of attachment issued in the action by virtue of which the sheriff attached certain property, and that petitioner is, and at all times mentioned in Ms petition was, the sole owner of the property thus seized; that thereafter Cochran, and he only, was served with a notice of motion for an immediate sale of the property attached, and that such proceedings were thereafter had that the motion was granted and an immediate sale was ordered. The writ of prohibition is sought for the purpose of preventing the sale. Respondent Kelley made return to the petition by answer and by general demurrer, but at the oral argument the answer was withdrawn and respondent Kelley stood…