We are of the opinion that the application should be denied. The petition does present a question as to the jurisdiction of the superior court. Petitioner, however, has his remedy by appeal, and in view of the power of this court to prevent bysupersedeas a retrial pending appeal, if a sufficient showing is made to warrant such action, we are of the opinion that the remedy by appeal is sufficiently plain, speedy, and adequate.

The application is denied. *Page 677