Lial

This is a petition for a writ, of prohibition to restrain the retrial of a cause of action in which the judgment was reversed on appeal by this court, with specific directions for the court to enter a judgment that plaintiffs take nothing by their action.

A suit in assumpsit was commenced in the Superior Court of Merced County based upon an alleged contract for the purchase price of certain cattle. As security for the satisfaction of whatever judgment the plaintiffs might recover, an attachment was levied upon the cattle under the provisions of section 537 of the Code of Civil Procedure, and they were seized and held by the sheriff pending the determination of the suit. Issues were joined, and the cause was tried. Findings were adopted and a judgment was entered, in which it was determined that the contract upon which the plaintiffs relied was void for lack of mutual understanding of the terms. Thereupon the court held that plaintiffs were not entitled to recover judgment upon the contract, but, upon the contrary, did determine that the cattle should be returned to the defendants only on condition that they pay the plaintiffs the sheriff’s costs as keeper of the cattle. Unless…