Beaulieu Vineyard v. Superior Court

The proceeding is for a writ of prohibition. An alternative writ was issued upon a verified petition. On the return day respondent filed a demurrer and also an answer denying many of the allegations of the petition. Thereafter petitioners filed a traverse of the answer; and respondent—not to be outdone in volume of asseveration and denial—replied with a “rejoinder to the traverse.”

We do not deem it necessary to give special consideration to the demurrer of respondent. It is true that a sharp issue is presented as to some of the facts, but notwithstanding this want of agreement between the parties the record is sufficient to enable us to determine the controversy. "

This proceeding grew out of an action brought by the San Francisco, "Vallejo and Napa "Valley Railroad Company against petitioners, in the superior court of Napa county, to condemn certain lands of the defendants for a right of way for the railroad of the plaintiff in that action. Petitioners state that “the object of this application is particularly to prohibit the Superior Court of Napa County and the judge thereof from enforcing an order made July 1, 1907, authorizing the said plaintiff to take possession and use…