Dunn

The appellant, who is an attorney, was named as a defendant in an action filed in the Justice’s Court of the Sixth Township in the County of Kern, which action was based upon certain services claimed to have been rendered to the appellant by two attorneys in Bakersfield. The complaint in that action alleged that the contract, upon which it was based, was entered into in the township named, but did not allege that the contract was in writing. The appellant was served with summons in the county of Ala meda on March 20, 1931. On May 21, 1931, he moved for an order quashing the purported service of summons and vacating the judgment which had been entered, which motion was denied. On June 15, 1931, he filed in the Superior Court of Alameda County a petition for a writ of prohibition asking that the respondent court and justice of the peace be prohibited from taking any other proceedings in connection with or based upon the judgment, by execution or otherwise. An alternative writ of prohibition was issued and on the return day the respondents filed a demurrer to the petition and moved for a change of venue to the Superior Court of Kern County, which motion was granted. The demurrer to…