Marr v. Superior Court

In response to an alternative writ of mandate the respondent appeared by demurrer, motion to quash and by answer. No proof was offered upon any of the allegations of the answer, and the order to show cause was submitted on these two issues—whether the service of notice of appeal upon the wife of petitioner was necessary, and whether the lapse of time caused by respondent’s refusal to set the appeal for hearing would make a writ of mandate futile.

The agreed facts are that an action was filed in the justice’s court against Robert L. Marr and his wife to recover on a promissory note executed by…