Starr

Petitioner filed an original petition in this court wherein he asked for a peremptory writ of prohibition to be directed to the Superior Court of Los Angeles County, commanding it to desist from proceeding further with the trial of a certain case therein pending, wherein the Knox Auto & Wagon Manufacturing Company is plaintiff, and petitioner is defendant, other than to grant petitioner’s motion for a dismissal of the appeal therein. An alternative writ was issued, in response to which a general demurrer has been interposed to the petition.

It appears from the petition that judgment was rendered in said action in petitioner’s favor by a justice of the peace. Plaintiff, the Knox Auto & Wagon Manufacturing Company, appealed to the superior court, filing an undertaking, to the sufficiency of the sureties upon which defendant, on the third day of November, 1913, duly excepted. Thereupon the attorney for plaintiff in said action gave notice that the sureties on said undertaking, to the sufficiency of whom defendant had excepted, would, at 9:30 o ’clock a. m., November 8, 1913, qualify before the justice who had tried the case. Notwithstanding the giving of said notice, the sureties…