Dixon

This is an application for a writ of mandate to require the superior court of the county of Fresno to allow plaintiff in a certain action there pending, to amend his complaint and to proceed with the trial.

H. S. Dixon, in April, 1891, commenced an action in the superior court of Fresno county to foreclose a mortgage. After the commencement of the action plaintiff became insane, and J. R. Dixon was appointed guardian for him. An amended complaint was then filed, in which J. R. Dixon, as guardian of H. S. Dixon, was plaintiff. The defendants appeared and answered, and the case was tried with the result that plaintiff recovered judgment. This judgment, on appeal to this court, was reversed and remanded, with leave to plaintiff to amend his complaint in certain respects specified. After the remittitur had been filed in the superior court an order was made, by stipulation of the respective parties in open court, that in all further proceedings plaintiff be represented by his guardian, and have leave to file an amended and supplemental complaint. The amended and supplemental complaint was filed in pursuance of the order.

Afterward, upon defendant’s motion and upon notice, the court…