Modern Iron Works, Ltd. v. Superior Court

The petitioners, defendants in a civil action in the Superior Court of Los Angeles County, prayed in this court a writ of prohibition restraining the said court from proceeding with the trial, upon the ground that it had not jurisdiction of the subject matter for the reason that issue had not been joined.

When the case was called for trial objection to the introduction of evidence, upon the ground that the complaint did not state sufficient facts, was sustained. A motion by the plaintiffs to interline in one of the paragraphs certain allegations conforming to facts stated by counsel and dictated into the record was granted, as modified by the trial court, upon condition that the same be deemed denied for the time being, that part of the evidence be adduced for the purpose of ascertaining as to whether or not the interests of the defendants might render a continuance necessary or desirable, and that the plaintiffs furnish formal amendments on the day following. At the request of the defendants’ counsel certain witnesses were excluded from the courtroom, a witness for the plaintiffs testified, and was cross-examined on- behalf of the defendants. A colloquy between the respective…