Bakeman

Prohibition. It appears from the petition and the return made in response to the alternative writ issued herein that in an action wherein J. F. Brumund was plaintiff and petitioner and others were defendants, the court made an order requiring petitioner, within the time therein specified after service of the same, to deliver to the clerk of the court certain promissory notes and stock certificates, the right to the possession of which was claimed by plaintiff, the same to be held by the clerk pending further orders of the court.

Upon an affidavit filed setting forth the fact of the making of the order, due service thereof, and petitioner’s neglect to comply therewith, she was, by an order of court made on February 9, 1918, cited to appear on the eleventh day of March, 1918, and show cause why she should not be adjudged guilty of contempt for disobedience of the order, which citation was duly served on February 15, 1918.

On March 11, 1918, the matter coming on for hearing, petitioner, in obedience to the order appeared, not in person, but by attorney, and filed an affidavit wherein she averred that prior to the commencement of the action she had transferred the notes and stock to…