State of Turner

The petitioner here, in person, heretofore presented a petition for an alternate writ of prohibition directed to the judge of Department 8 of the superior court of the state of California, in and for the city and county of San Francisco, commanding him “to cease and desist from threatening, oppressing or intimidating ' petitioner on any hearings of said matter, or from fining or otherwise penalizing him for his efforts to enforce his rights ’ ’ in and to the above-entitled estate, which the petitioner alleges is pending probate in said superior court.

The petition cannot be acted upon by the court in its entirety because of the fact that the judge against whom the writ is requested is now sitting as a justice pro tent, of this court, and said judge is disqualified by constitutional provisions from participating in any case or proceeding sought to be reviewed in which he sat as the trial judge. Without consultation with said judge, we have concluded that the writ should be denied because it pertains to a probate proceeding in which this court would not have original appellate jurisdiction if an appeal were to be taken from any action therein, and, consequently, under the practice…