Goddard

This is an application to this court for a writ of prohibition to the superior court of the city and county of San Francisco, Department 3, John F. Finn, judge, commanding and directing said court and judge, and assignee and receiver appointed by said court, to desist from further proceeding in the matter hereinafter stated. It is alleged in the petition that on December 1, 1890, W. H. Eastland and John Fowler were copartners, residents of this state, and doing business in the city of San Francisco under the name of Eastland, Fowler & Co.; and as such partners were indebted to the petitioners in a large sum, and in order to secure the same, that firm made a transfer and conveyance of certain of its assets to the petitioners, and possession thereof was given to them. On the 9th of December, 1890, the said W. H. Eastland and John *366 Fowler filed their petition in insolvency in the said superior court. .Their petition is entitled “In the matter of W. H. Eastland and John Fowler, copartners,” and recites that it is made by said named persons, “ copartners in business.” Such proceedings were thereafter had therein that an assignee was appointed, and the clerk of the superior court…