DORAN, J.
The petition for a writ of prohibition alleges that on June 6, 1949, the petitioners, husband and wife, commenced an action in superior court against one Harvey L. Cole, seeking to recover $9,995 and interest, for money had and received. Incidental thereto, petitioners caused a writ of attachment to be issued which was thereafter levied upon certain real property, and all debts due and owing to defendant
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