This section contains the nature of the case and procedural background.

Boyd died intestate ($225,000), her will was admitted to probate, and the Bank of California (D) was appointed executor. There were individual legacies and bequests amounting to $60,000. St. Luke's (D1) received the bulk of the estate as the residuary legatee. Smedley (P) brought an action to enforce a contract in which Boyd agreed to leave P the entire estate. P's complaint named D and D1 as defendants. No other legatees were made defendants or served, and none appeared. D and D1 moved to bring in the other defendants and were denied. They applied for a writ of prohibition to restrain the trial until the other defendants were joined.

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