White

—Original proceeding by prohibition. The petitioner made a mortgage of his land. The mortgagee commenced an action to foreclose July 8, 1893, and summons was ¡issued the same day, but the same was never served or returned. Some parties named as codefendants with the mortgagor, upon the ground that they claimed some interest in the mortgaged premises, voluntarily appeared in the action, hut the petitioner never appeared. Instead of appearing in the action he procured a third party to advance the money to satisfy the claims of the mortgagee, and to give him further time to make payment. Said third party paid the amount due the mortgagee, took an assignment of the mortgages and of the cause of action, and allowed matters to rest in that situation until the 7th of August, 1897, when she filed an amended complaint and procured the issuance of an alias summons. This alias summons was quashed on motion of the petitioner, and a second alias summons issued and served, which was likewise quashed for some informality. At the time of moving to quash the second alias summons, the petitioner also moved the court to dismiss the action upon the ground that no summons had been served or returned…