Legal Opinion

Modoc Land & Livestock Co. v. Superior Court

California Supreme Court

Decided March 28, 1900No. S.F. No. 2107PublishedCited by 32 opinions

WBIT of prohibition from the Supreme Court to restrain the Superior Court of Modoc County from proceeding with the trial of a cause. J. W. Harrington, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

Application for a writ of prohibition. An action to recover a specific sum of money was commenced against the petitioner in the superior court of the county of Modoc by one Healey, September 5, 1896, by filing a complaint on that day. Summons was issued upon the complaint September 4, 1897, and with a copy of the complaint was served upon the defendant (the petitioner herein) August 7,1899. September 11, 1899, said defendant gave to the plaintifi a notice of motion to dismiss the action upon the ground that more than three years had elapsed since the commencement thereof, and the summons had…

2Cases cited2 opinions

  1. Vrooman v. Li Po TaiCalifornia Supreme Court · 1896
  2. White v. Superior CourtCalifornia Supreme Court · 1899

3Cited by32 opinions

  1. Davis v. Superior CourtCalifornia Supreme Court · 1921
  2. Lambert v. ConradCalifornia Court of Appeal · 1960
  3. Sacramento & San Joaquin Drainage District v. Superior CourtCalifornia Supreme Court · 1925
  4. Johnson & Johnson v. Superior CourtCalifornia Supreme Court · 1985
  5. Rio Vista Mining Co. v. Superior CourtCalifornia Supreme Court · 1921

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