Terry

This is an application for a writ of prohibition to restrain the superior court of San Diego county from hearing an appeal from the justice’s court of San Diego township.

An action was brought in the justice’s court of San Diego township by George W. Terry, petitioner herein, as plaintiff, against W. H. Dinwiddie and Harriet M. Dinwiddie, his wife, Robert Daly and Rebecca A. Daly, his wife, Visa J. Cline, Charles Morris, and Josephine Morris, his wife. No service of summons was had upon the defendants Morris and Cline, nor did they appear. The Dinwiddies and Dalys were served with summons and answered.

The action was upon a claim of Johnson & Co., undertakers, assigned to plaintiff, and was for services rendered by said undertakers in the burial of C. Breedlove, father of the women defendants, and of C. W. Breed-love, their brother, at their instance and request. Their husbands were joined as party defendants under the provisions of the code.

, The judgment given in the justice’s court was in favor t)f plaintiff, against defendants Harriet M. Didwiddie and Rebecca A. Daly. No judgment in terms was asked or given against their husbands, or either of them.

From this judgment the…