Ripling v. Superior Court
California Court of Appeal
1Opinion of the CourtShinn, P. J.
Mildred Ripling and William J. Ripling seek a peremptory writ prohibiting respondent court from proceeding without a jury in the case of Norton v. Ripling (L. A. Super. Ct. No. 556274). It is not questioned that prohibition is a proper remedy.
On February 25, 1949, Richard Norton, as guardian of the estate of Thomas J. Norton, incompetent, filed an action against Mildred Ripling, sister of Thomas. (Thomas died in 1950 and Richard now appears as administrator.) The complaint was in two counts, the first pleading facts, the second a common count for money had and received. In substance the first…
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