Legal Opinion

Hopkins v. Superior Court

California Supreme Court

Decided June 13, 1902No. S.F. No. 2959PublishedCited by 32 opinions

APPLICATION for writ of prohibition to restrain the action of the Superior Court of the City and County of San Francisco'. The facts are stated in the opinion of the court.

1Opinion of the CourtHenshaw, J.

The petitioner brought her action for divorce. The defendant answered by denials, without seeking affirmative relief. Thereafter petitioner filed a proper notice of dismissal of her action with the clerk of the court, and entered in a book kept for that purpose by the county clerk of the city and county of San Francisco a direction to the county clerk to enter an order of dismissal. The clerk refused to do so, basing his action upon an order of the superior court directing that all proceedings in relation to the dismissal be stayed, unless the plaintiff, within five days after a copy of the…

2Cases cited5 opinions

  1. Kaufman v. Superior CourtCalifornia Supreme Court · 1896
  2. Hancock Ditch Co. v. BradfordCalifornia Supreme Court · 1859
  3. Todhunter v. KlemmerCalifornia Supreme Court · 1901
  4. Page v. Superior CourtCalifornia Supreme Court · 1888
  5. Thompson v. SpraigCalifornia Supreme Court · 1885

3Cited by32 opinions

  1. Associated Convalescent Enterprises v. Carl Marks & Co.California Court of Appeal · 1973
  2. Gilde v. Superior CourtCalifornia Supreme Court · 1905
  3. Bank of Idaho v. Pine Avenue AssociatesCalifornia Court of Appeal · 1982
  4. deSaulles v. Community Hospital of the Monterey PeninsulaCalifornia Supreme Court · 2016
  5. Goldborten v. ScottCalifornia Court of Appeal · 1932

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