Petition for a writ of certiorari to the County Court of Yolo County.

In 1851, plaintiff brought forcible entry and detainer in a Justice’s Court against defendant. Judgment was rendered for plaintiff for restitution of the premises, which judgment, on appeal, first to the County Court, thence on appeal, to the District Court, was affirmed in ¡November, 1851.

Defendant then appealed to the Supreme Court, where, in October, 1852, the judgments of both the County and District Courts were reversed, and the cause remanded to the District Court for new trial. (2 Cal. 474.) The remittitur was filed in said Court ¡November, 1853.

In February, 1855, plaintiff applied to the Clerk of the County Court for a writ of restitution upon the judgment as originally rendered in that Court. The Clerk refused the writ on the ground of reversal of the judgment by the Supreme Court. Upon application, the County Court ordered a mandamus, commanding the Clerk to issue the writ. This order was reviewed, and reversed by the Supreme Court, upon certiorari in October, 1855. (5 Cal. 476.) And in January and October, 1856, was again reviewed, with the same result. (6 Cal. 685.)

In March, 1854, upon motion of plaintiff, defendant being also represented, the District Court dismissed the case instead of proceeding with a new trial in accordance with the remittitur from the Supreme Court; the ground being, that said District Court, under late decisions, had no jurisdiction of an appeal from the County Court. Plaintiff took' no further steps, until, in August, 1857, defendant obtained from the County Clerk an execution for costs, contending that plaintiff had virtually abandoned his suit. Plaintiff then procured an ex parte order from the County Court, preventing the enforcement of the execution, and also an order placing the cause on the calendar for trial.

Petitioner, upon this state of facts, applied to the Supreme Court for a certiorari to review the action of the County Court in placing the cause on the calendar for trial, on the ground of no jurisdiction in the Court, and no remedy by appeal.