Greene

Pursuant to a motion made by one of several defendants in an action pending before the respondent court, and after a full hearing on the merits of said motion, the court made an order directing that the amount of an undertaking on attachment be increased from $4,000 to $25,000. Shortly afterwards petitioner as plaintiff in the action moved the court to set aside said order, and after hearing the motion the court indicated, so petitioner alleges, that the same would be denied. Without waiting further action in the matter petitioner instituted this proceeding in mandamus to compel the respondent court to grant his motion. We find no legal ground upon which the writ may issue.

The action was filed in July, 1932, by petitioner, an attorney in New York City, against Nathan, Abe and Jack Seharlin, First and Second Doe, and Scharlin Bros., a copartnership, to recover the sum of $113,617 claimed to be due for legal services; and an order was issued for the publication of summons based upon an affidavit averring that Nathan and Abe Scharlin were nonresidents of this state, and that Jack Seharlin was a resident of this state but was concealing himself to avoid service of summons. Up to the…