Legal Opinion

Andersen v. Superior Court

California Supreme Court

Decided September 16, 1921No. S. F. No. 9795PublishedCited by 57 opinions

PROCEEDING in Mandamus to compel the dismissal of an action on the ground that it was not brought to trial within five years after answer filed. Writ granted. The facts are stated in the opinion of the court.

1Opinion of the CourtSloane, J.

This matter comes before this court for hearing from the district court of appeal of the third appellate district upon petition for writ of mandate to require the superior court of the county of Napa to dismiss an action under section 583 of the Code of Civil Procedure, for failure to bring the same to trial within five years after answer filed, in which action one Henry Weaver is named as plaintiff and the petitioners here, John Andersen, W. P. Austin, and Janie M. Andersen, are defendants. A dismissal was had as to other defendants for failure to serve them with summons within three years…

2Cases cited15 opinions

  1. Romero v. SnyderCalifornia Supreme Court · 1914
  2. Larkin v. Superior CourtCalifornia Supreme Court · 1916
  3. Davis v. Superior CourtCalifornia Supreme Court · 1921
  4. City of Los Angeles v. Superior Court of Tuolumne Cty.California Supreme Court · 1921
  5. McLeran v. BentonCalifornia Supreme Court · 1887

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3Cited by57 opinions

  1. Miller & Lux Inc. v. Superior CourtCalifornia Supreme Court · 1923
  2. Times-Mirror Co. v. Superior CourtCalifornia Supreme Court · 1935
  3. Pacific Greyhound Lines v. Superior CourtCalifornia Supreme Court · 1946
  4. J. C. Penney Co. v. Superior CourtCalifornia Supreme Court · 1959
  5. Crown Coach Corp. v. Superior CourtCalifornia Supreme Court · 1972

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