Koepple

The petitioner and appellant, a former member of the legal profession who was disbarred on Febru ary 24, 1925, brought an action upon a claim assigned to him for the purpose of collection only in the justice’s court of Santa Ana township, where he stipulated to the fact that judgment of disbarment had been entered against him, and that the chose in action was assigned to him solely for the purpose of collection. Upon that stipulation the respondent, Justice of the Peace, refused to permit the petitioner to proceed with the trial and declined to hear him further, whereupon he filed a petition for the writ of mandate in the superior court. After hearing, judgment was entered denying the writ. This appeal is from that judgment.

Subsequent to the decision of In re Hittson, 39 Cal. App. 91 [ 178 Pac. 149 ], in which it was held that one who had been disbarred had the same right to practice in the justice’s court as one who had not been admitted to the bar, and quite evidently in response to the suggestion therein contained that the legislature had the undisputed right to prevent a person who had been disbarred from appearing in a justice’s court, the legislature amended sections 299…