Danley

This is an application by the petitioner for a writ of prohibition commanding and directing the respondent, the Superior Court of the county of Merced, J. J. Trabucco, Judge presiding, from further proceeding with the hearing of or disposition of a certain motion made by the other respondents above named to vacate, set aside, and annul an order theretofore made reinstating a temporary restraining order pending the determination on appeal of an action prosecuted in said court entitled “L. E. Danley, Plaintiff, v. Merced Irrigation District, C. E. Kocher, L. L. Burehell, E. V. Givens, George Bloss, Jr., C. L. Garvin and E. F. Treadwell, Defendants.”

The facts involved are in substance as follows: That on or about the eleventh day of September, 1923, the petitioner filed a complaint in the superior court of Merced County having for its purpose the restraining of the Merced Irrigation District and its directors from making or entering into certain contracts relating to water and water rights set out in the complaint; that at the time of the filing of the complaint the court issued a temporary restraining order and an order to show cause why a temporary injunction should not be issued…