Cosby

Application for prohibition to prevent respondent from proceeding to enforce against petitioner a judgment convicting him of contempt for refusal to comply with a decree of said court.

The material facts appearing from the very voluminous petition and answer may be briefly stated thus: John C. Kofoed and Lillie H. Kofoed brought an action in said superior court against the petitioner, Cosby, and one Samuel B. Gordon, alleging that said Gordon, while employed and acting as their attorney, for the purpose, among others, of procuring the settlement and satisfaction of a certain judgment held by said Cosby against the Kofoeds, entered into a contract with Cosby, without the knowledge of the Kofoeds, whereby it was agreed that for a consideration of two hundred dollars, to be paid Cosby by Gordon, Cosby should assign said judgment to Gordon for the latter’s own benefit; that under this agreement Cosby retained the title to the judgment in his own name, and, at the direction of Gordon, pro *48 cured an execution to be issued thereunder, and levied upon certain real estate of the Kofoeds, which was sold thereunder and the title bought in by Cosby, to be held by him for Gordon until the…