Dickerson

Prohibition. The question involved is whether the alternative writ° heretofore issued should be made peremptory or the proceeding therefor be dismissed. The petition for the writ is founded upon facts as follows: The Southern Pacific Land Company instituted an action against petitioner in the superior court of Imperial County to recover possession of a tract of land occupied by petitioner, together with damages for the retention thereof, and to quiet its title thereto. The rights of the plaintiff, as asserted in the complaint, were put in issue by an answer filed by petitioner, and the case was submitted to a jury called for the trial thereof. The jury brought in a verdict for defendant. Thereupon plaintiff, waiving all claim to damages for defendant’s withholding possession of the property, immediately moved the court to set aside the verdict and, as to title to the property and right of possession thereof, render judgment in favor of plaintiff. This motion was granted, followed by findings made by the court upon which judgment was entered, from which defendant appealed. To this petition the respondents have interposed a general demurrer.

The court had jurisdiction of both the…