Hill v. Superior Court

The petitioner in this proceeding for a writ of prohibition is an administrator who brought suit against H. S. Craig, his predecessor, to recover money alleged to have been embezzled from the estate of W. F. Gibbard, deceased. Certain money claimed to be due to Craig was garnished under a writ of attachment. Craig then moved to'‘vacate the attachment upon the ground that the action was prematurely brought. At the hearing of this motion the respondent judge stated that it would be granted. This proceeding was then brought in the District Court of Appeal, which denied the petitioner any relief.…