Holland

The petitionerinstituted an original proceeding in this court seeking to prohibit the respondent court and judge from taking any further proceedings in the case of Doolittle v. Schajfn&r et al., bearing number 47505 in the records of the county clerk of Fresno County, alleging the respondents had no jurisdiction to enter an order hereinafter set forth. Respondents filed a general demurrer and answer to the petition, both of which have been submitted to this court after argument of counsel and evidence taken. The demurrer is overruled and we will consider the cause upon its merits.

On January 20, 1931, Ivan H. Doolittle filed his action in the respondent court to recover damages against Orville L. Sehaffner, Peter Sehaffner, Tola Sehaffner, and Clarence D. Holland for damages arising out of an automobile accident. The defendants filed their answers and the case was tried by the court without a jury in March, 1931. Findings were made and judgment rendered in favor of the plaintiff and against the defendants Orville L. Sehaffner, Peter Sehaffner and Tola Sehaffner in the sum of $5,000. The court rendered judgment in favor of Clarence D. Holland. The judgment was entered in the…