Agassiz

This is an application for a writ of prohibition commanding the respondent to refrain from entering default or judgment against petitioners in a certain action in which Charles Kohler, assignee in insolvency of the California Land and Timber Company, *102 a corporation, is plaintiff, and these petitioners and others are defendants.

It appears from the petition that the petitioners are stockholders in said corporation above named, which was organized under the laws of California for the purpose of doing business here, and are also, individually, the owners of certain lands in this state, but that they are citizens and residents of Massachusetts, and absent from California, and have been served only by publication of summons. One purpose of the said action of Kohler, assignee, against said corporation, was to collect from the defendants (petitioners here) certain moneys alleged to be due from petitioners to saM corporation upon subscriptions to the capital stock thereof; and upon the proper statutory affidavits being made, a writ of attachment was issued, by virtue of which certain lands of petitioner were attached, — the said lands being in this state. Petitioners specially…