Cassidy

Petitioner seeks to have annulled two certain orders made by the superior court of San Joaquin County. The application is grounded, of course, upon the contention that the court thereby exceeded its jurisdiction. An alternative writ of certiorari was issued by this court and in the return of respondent we have a full record of the proceedings of the lower court.

The first of these orders was made upon the fourth day of May, 1914, and was an order of substitution in the case of Elpha Cassidy v. Commercial and Savings Bank and provided and adjudged “that upon payment by the above named defendant, Commercial and Savings Bank,- a corporation, into the superior court of the state of California in and for the county of San Joaquin, to the clerk of said court of the sum of twelve hundred fifty dollars in gold coin of the United States of America, Wm. H. Riecks, sheriff of the county of San Joaquin, be and he hereby is substituted as defendant in this action for and in the place of said Commercial and Savings Bank and that said Commercial and Savings Bank, a corporation, be and it hereby is dismissed and discharged as defendant in this action and from all liability in or as to the matter…