Burge

This is an action commenced in the superior court of Tuolumne county to obtain a writ of prohibition commanding the defendants to desist from further proceedings in a certain action. Defendants made default and the court entered its judgment directing the permanent writ to issue as prayed for. The appeal is from the judgment on the judgment-roll.

It appears from the affidavit on which the writ was based that, on June 1, 1908- one Sol Kahn brought an action in the justice’s court in the city and county of San Francisco, against affiant, petitioner herein, for the recovery of judgment against affiant for the sum of $57.50, alleged to be due said Kahn for goods, wares and merchandise, sold and delivered to affiant by said Kahn within two years preceding the first day of June, 1908, and that said sum is due and payable in the said city of San Francisco; that summons has been issued in said action and copy thereof and of the complaint has been served on affiant in the county of Tuolumne, California; that affiant never contracted in writ ing or otherwise or at all to perform the obligation set forth in the complaint filed in said action; that the said justice’s court has threatened to…