Kaufman

This is an application for a writ oi prohibition to restrain the superior court, and William T. Wallace, judge thereof, from proceeding further in the action commenced in said court by C. H. Kaufman against Joseph E. Shain and others. The following facts are pertinent to this consideration: In 1889, Kaufman, who, as receiver of the estate of one Mackenzie, an insolvent, had in possession the sum of five thousand seven hundred and sixty-nine dollars and fifty-two cents belonging to his said estate, commenced an action in interpleader against the creditors of Mackenzie> rival claimants of the fund. He paid the money into court, and obtained an order thereof restraining the *154 defendants from proceeding against him and harassing him with litigation concerning it.

Certain of the defendants demurred to the complaint, and the demurrers coming on for hearing were sustained in the absence of plaintiff and his attorney. A minute entry was made by the clerk to the effect that the court ordered the action dismissed.

Thereafter, upon August 18, 1891, said Kaufman, believing the action to have been dismissed, in which belief the judge seems to have shared, sought and obtained an order…