Hewitt

This is a proceeding by way of prohibition to test the jurisdiction of a justice’s court to try an action for the possession of real property under section 1161a of the Code of Civil Procedure. This section was added to the code in 1929 and, so far as material here, provides :

Brooklyn Township, Alameda County, in which the respondent justice’s court is located, has a population of over 30,000. Section 112 of the Code of Civil Procedure was recast by the legislature in 1929 to provide in part:

“The justices’ courts shall have jurisdiction as follows:

Prior to the recasting of section 112 in 1929 justices’ courts had concurrent jurisdiction with superior courts in certain actions of “forcible entry and detainer” under section 113 of the same code. Concurrently with the recasting of section 112 in its present form, however, section 113 was repealed.

In the action wherein the respondent court is sought to be prohibited from proceeding, a complaint was filed by San Jose Pacific Building and Loan Association, as plaintiff, against petitioner herein, as defendant, to recover possession of certain real property in Brooklyn Township. The complaint counted on a purchase by plaintiff at…