Avery v. Superior Court

Morrison, C. J.:

This is an application for a writ of mandamus to compel the Court below to proceed with the trial of the case of Avery v. The Blade Diamond Coal Mining Company. It appears from the petition and answer, that on the 10th day of August, 1871, an action was brought by Avery against the Black Diamond Coal Mining Company, for the recovery of a certain tract of land, situate in the County of Contra Costa, described as the north half of section 8, township 1 north, range 1 east, Mount Diablo meridian; and such proceedings were had, that plaintiff obtained a judgment in said action on…