Stewart

The application for the writ herein was made after notice to the respondent and after service upon it of a copy of the petition, a demurrer to the petition was filed on the part of the respondent upon the ground that the petition did not show that the superior court had exceeded its jurisdiction; and, at the hearing of the application, briefs were filed in behalf of the respective parties. The demurrer was also argued orally, and, after consideration thereof, an opinion was filed in which it was held that the court had exceeded its jurisdiction in its order adjudging the petitioners guilty of contempt, and the demurrer to the petition was overruled. ( 100 Cal., 543 .)

Rule XXVI of this court contains provisions regarding the procedure to be observed when the original jurisdiction of the court is invoked in matters of this nature, and it is provided in subdivision 3 thereof that “Upon the return day of the alternative writ the respondent may make return either by demurrer or by answer, or both. If the return be by demurrer alone, and the demurrer is not sustained, the writ will be ordered to issue without further leave to answer.” Although, technically speaking, there is no…