Miller v. Superior Court

— This matter comes before us upon a petition of C. W. Miller asking that a writ of prohibition be issued from this court directed to the Honorable H. D. Gregory, as Judge of the superior court of the state of California, in and for the county of Butte, and C. F. Belding, clerk of said court, restraining and prohibiting further proceedings under an order of said court, directing the said C. F. Belding to pay over and deliver the sum of $819.75 to one C. J. Luckehe, now in possession of and under the control of said C. F. Belding, pursuant to supplemental proceedings had in the case of C. J. Luckehe against J. P. Gordon and C. E. Pfister, pending in said court.

It appears from the papers on file in this action and the stipulations of counsel entered into in open court upon the hearing hereof that in a certain action prosecuted in said superior court, wherein J. P. Gordon and C. E. Pfister were plaintiffs against C. J. Luckehe, one W. H. Carlin, who then and there appeared as attorney for the plaintiffs, did in open court make and tender the sum of $819.75 to the defendant in satisfaction of the controversy then in issue between the parties, which tender was refused by C. J.…