Himovitz

An original application is made to this court in this case for writ of prohibition for the purpose of prohibiting the respondent, a justice of the peace, from hearing and deciding a case pending before him as such justice. The ease was within the jurisdiction of the Justice’s Court, and jurisdiction over the person of defendant had been legally obtained. A default had been duly entered in said case and a judgment thereon for plaintiff had been duly entered on January 17, 1924. The defendant in that action mov'ed to set aside the default and judgment on January-30, 1924. Said justice granted said motion, “with the provision that defendant paid accrued costs up to the present date.” At the hearing of the motion and before the order was made, the defendant offered to pay the costs as required by the order, but plaintiffs’ counsel declined to inform him what the costs were, and defendant had no means of ascertaining what they were. Defendant thereupon filed an answer to plaintiffs’ complaint without paying the' costs, which the justice permitted him to do. The ease was then at issue. The answer remained on file without any objection by plaintiffs and without plaintiffs informing…