Legal Opinion

Consolidated Lumber Co. v. Superior Court

California Court of Appeal

Decided February 28, 1917No. Civ. No. 2312PublishedCited by 1 opinion

APPLICATION for a Writ of Prohibition originally made to the District Court of Appeal for the Second Appellate District to restrain the hearing of a Justice’s Court appeal. • The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

An alternative writ of prohibition was issued herein under which the respondent superior court was required to show cause why it should not be prohibited from proceeding further in a certain action entitled Consolidated Lumber Co. v. F. A. Shorey, where, after judgment in a justice’s court, the defendant appealed to the said superior court.

Within five days after the defendant Shorey had filed in the justice’s court his undertaking on appeal, the plaintiff filed in the justice’s court a notice of exception to the sureties who executed the undertaking on appeal, but did not serve upon…

2Cases cited3 opinions

  1. Reynolds v. County Court of San Joaquin CountyCalifornia Supreme Court · 1874
  2. Budd v. Superior CourtCalifornia Court of Appeal · 1910
  3. McCarty v. Superior CourtCalifornia Court of Appeal · 1916

3Cited by1 opinion

  1. Keene v. Superior CourtCalifornia Court of Appeal · 1960

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