Hitch v. Superior Court

WILLIS, J., pro tem.

This is a proceeding in mandamus to compel the respondent, superior court to set a divorce case for trial. In September, 1932, one Lucy Bays filed an action for divorce on the ground of extreme cruelty. Defendant therein answered joining issues on the complaint, and as part thereof added his cross-complaint seeking divorce on the same ground. No answer has been filed to the cross-complaint and no allegation is made that default has been entered for failure to answer the same. In November of 1932, under sections 2168 to 2172, inclusive, of the Political Code, respondent…