Pistolesi v. Superior Court of San Francisco
California Court of Appeal
APPLICATION for a Writ of Mandate originally brought in the District Court of Appeal for the' First Appellate District to compel respondents to dismiss an action pending in the Superior Court of the City and County of San Francisco. The facts are stated in the opinion of the court. O. F. Meldon, and L. C. Pistolesi, for Petitioner.
1Opinion of the CourtKerrigan, J.
This is a petition for a writ of mandate to compel defendants to dismiss an action pending in said superior court.
The sole question involved is, Does section 583 of the Code of Civil Procedure apply to actions pending in the superior court on appeal thereto upon questions of fact from the justices’ court?
The essential facts are these: On the twenty-second day of November, 1904, the action out of which this proceeding grows was commenced. Within the time prescribed by law the answer of the defendant therein was filed, and on the second day of May, 1905, judgment was rendered in favor of the…
2Cases cited2 opinions
- Romero v. SnyderCalifornia Supreme Court · 1914
- Hubbard v. Superior CourtCalifornia Court of Appeal · 1908
3Cited by7 opinions
- Andersen v. Superior CourtCalifornia Supreme Court · 1921
- City of Los Angeles v. Superior Court of Tuolumne Cty.California Supreme Court · 1921
- State Highway Department v. NobleSupreme Court of Georgia · 1964
- Long v. Superior CourtCalifornia Court of Appeal · 1916
- Kaster v. Superior CourtCalifornia Court of Appeal · 1917
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