Chinette

Application for a writ of prohibition. On the 19th of December, 1893, a petition in insolvency was filed in the superior court of Kern county by the firm of Pourry, Freres & Co., and on the same day the respondent made an order adjudging the said firm insolvent, and appointed a day on which to choose an assignee of their estate. In the schedules annexed to the petition the firm of Ardizzi & Olcese were named as creditors of the insolvent firm, and on the day fixed for choosing an assignee Olcese appeared and made proof of the claim of said firm, and by his evidence alone an assignee of the insolvent estate was chosen. Olcese is the son in law of the respondent; and, after *466 the assignee had heen chosen, the petitioner herein, who is also a creditor of the insolvent firm, moved the court to vacate the orders of December 19th, on the ground that, by reason of the relationship of Olcese to the respondent, he was disqualified to act in the proceedings in insolvency, and that the orders are void. This-motion was denied, and thereafter the respondent made an order directing the sheriff to sell the property of the insolvent firm, which was accordingly done. Subsequently the present…