Rossi

Application for a writ of prohibition. One Gr. Grianelli commenced an action in the justice’s court against D. J. Hoult, to recover the sum of one hundred and twenty-five dollars, upon a claim for labor performed for the defendant by one Kass, and by him assigned to the plaintiff. Hoult answered the complaint, denying all its allegations.' Before the trial of the action the petitioner herein filed a complaint in intervention in the justice’s court, in which he denied all the allegations in the complaint, and alleged that in another action, brought by him in the justice’s court against Kass, he had attached the indebtedness of Hoult to Kass, and asked judgment that plaintiff take nothing by the action, but that judgment be rendered in his favor for such sum as might be found due from Hoult to Kass. A demurrer by the plaintiff to this complaint was over *373 ruled by the justice, and before the day fixed for the trial the justice entered the defaults of the plaintiff and defendant for failure to answer in intervention. The court denied a motion by the intervenor for judgment upon this default, and, upon the trial of the issues, witnesses were examined and briefs filed on behalf of…