Kaufman

Petition for a writ of prohibition commanding the superior court of the chy and county of San Francisco, and the judge thereof, to desist and refrain from any further proceedings on a motion in said court for an order requiring the petitioner to pay certain money into said court. The application for the writ was submitted here upon an objection by respondents, in the nature of a demurrer, to the sufficiency of the petition; and for the purposes of the decision the averments of the petition must be taken as true.

The petitioner in May, 1889, commenced an action in the nature of an interpleader in said superior courtf entitled “Kaufman v. Shain et al.” The complaint in the said action was subsequently amended, and its averments were substantially these: That plaintiff (Kaufman, petitioner herein), as assignee of one Mackenzie, an insolvent, was in possession of five thousand seven hundred and sixty-nine dollars and fifty-two cents, assets of said insolvent, which was claimed by various persons in hostility to each other, who are made parties defendant; that litigation was pending in which the rights of some of the defendants to said money was involved; that plaintiff claimed no…