Mines D'or De Quartz Mountain Société Anonyme v. Superior Court

Application for a writ of prohibition. The petitioners are non-residents of the state of California, and an action against them is pending in the superior court of Fresno County, in which that court made an order directing that the summons therein be served upon petitioners by publication. Thereafter the petitioners appeared specially in the action, and moved to vacate and set aside that order, upon the alleged ground that the action is in personam, and therefore not one in which summons by publication is authorized. The motion was denied. After this, petitioners again entered a special appearance in said action, and moved for an order staying all proceedings therein, until the summons should be personally served upon petitioners, or until such time as they should enter their general appearance. This motion was also denied, and the petitioners now ask that a writ of prohibition issue out of this court commanding said superior court to refrain from further proceeding in said action until petitioners shall enter their general appearance therein, or are personally served with the summons in the action.

3. We do not deem it either necessary or proper to determine at this time whether…