Bashore

Application for a writ of mandate requiring the superior court of Tulare County and the judge thereof to set a case for trial. An alternative writ having been granted, an answer was filed, and the proceeding is submitted upon the stipulation that the allegations of the answer are true.

It appears that an action, commenced by John Bashore, the petitioner herein, against B. B. Parker and Farmers’ Union and Milling Company, a corporation, was pending in the superior court of Tulare County, and was set for trial for the thirteenth day of February, 1906. A jury trial having been demanded by plaintiff, a venire of forty jurors was drawn for the trial of said cause, and twenty-nine of the jurors were in attendance on the day.set for the trial. On that day the plaintiff moved for a continuance, filing in support of his application an affidavit which was clearly insufficient, under section 595 of the Code of Civil Procedure, as a showing requiring the court to grant the requested postponement. The judge of said superior court expressed his dissatisfaction with the showing-made, and announced that he would order the trial of the case continued upon the conditions that plaintiff pay—1.…