Legal Opinion

McMorry v. Superior Court

California Court of Appeal

Decided August 24, 1921No. Civ. No. 2347PublishedCited by 7 opinions

PROCEEDING in Prohibition to prevent the Superior Court of Sutter County from trying certain actions. The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

The petition shows that in 1920 one D. C. Howard entered into four separate contracts with the county of Sutter for the construction of four different highways in said county; that bonds were given by said contractor as required by the statute (Stats. 1919, p. 487), and that petitioners herein were the sureties on said undertaking ; that said contractor failed to complete his contracts and failed to pay a large number of laborers and materialmen who furnished labor and material for said construction ; that said laborers and materialmen thereafter filed their respective claims as provided by…

2Cases cited16 opinions

  1. Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
  2. Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
  3. State v. FredlockWest Virginia Supreme Court · 1902
  4. Derby v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1917
  5. State ex rel. Parsons Mining Co. v. McClureNew Mexico Supreme Court · 1913

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3Cited by7 opinions

  1. Saupe v. KertzSupreme Court of Missouri · 1975
  2. Faires v. FrohmillerArizona Supreme Court · 1937
  3. Seaborn v. First Judicial District CourtNevada Supreme Court · 1934
  4. Felton Water Co. v. Superior CourtCalifornia Court of Appeal · 1927
  5. Olson v. District Court, Second Judicial Dist. Ex Rel. Davis CountyUtah Supreme Court · 1944

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