Davis

This is an application for a writ of prohibition to restrain the respondent Superior Court from further proceeding to try the purported appeal in the case of Davis v. Stadler.

The application was made to this court on December 22, 1924. On the twenty-third day of December, 1924, this court ordered an alternative writ to issue returnable before this court on the twelfth day of January, 1925. The respondent answered by filing an affidavit by J. J. Rose, Esq., attorney for Stadler, a general demurrer and a certified copy of the judgment of the Superior Court made and entered in the case of Davis v. Stadler on the twenty-ninth day of December, 1924. The cause was submitted on all of said documents, as on a motion for judgment on the pleading.

On the fourteenth day of June, 1924, Honorable Jacob Harder, Jr., as justice of the peace of the township of Eden, county of Alamada, state of California, in an action wherein Robert Davis and Elise Davis were plaintiffs and Jacob Stadler was defendant, entered a judgment in favor of the plaintiffs against the defendant in the sum of $267.52, and said justice thereupon gave written notice to all parties that said judgment had been entered.…