Primm

Application for a writ of prohibition. In an action entitled Menzel v. Primm et al., pending in the superior court in and for Shasta county, an attachment was issued and levied on certain realty owned by the defendant Primm. The trial of the cause resulted in a judgment against the plaintiff and in favor of said defendant. After the judgment had been rendered and entered, the court, on motion of the plaintiff, Menzel, made an order continuing the said attachment in force upon compliance by plaintiff with the terms of said order, which terms conform to the provisions of section 946 of the Code of Civil Procedure. The plaintiff filed the required undertaking, and perfected his appeal within the specified time, and the defendant, who made timely and sufficient objections to the motion and order mentioned, commenced this proceeding to restrain the court from continuing the attachment in force pending an appeal from the judgment. The right of this court to consider this application or pass upon the main question involved is challenged by respondent, who insists that the petitioner has a plain, speedy, and adequate remedy in the course of the law, and that prohibition will not lie to…