Legal Opinion

County of Sutter v. Superior Court

California Supreme Court

Decided February 25, 1922No. Sac. No. 3326PublishedCited by 17 opinions

APPLICATION for a Writ of Prohibition to stay the trial of an action pending in the Superior Court of the State of California in and for the County of Sacramento. C. 0. Busick, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

SHAW C. J.

This is a proceeding in prohibition begun originally in the district court of appeal for the third district and which, after decision by that court, was transferred to the supreme court for rehearing.

The object of the petition is to prohibit the superior court of Sacramento County from proceeding to the trial of an issue arising in an action pending in that court wherein D. J. Murphy is plaintiff and D. C. Howard, W. H. MeMorry, and E. M. Kaster are defendants, to recover money on a bond executed by the defendants to secure the per formance of a contract for certain public work and…

2Cases cited4 opinions

  1. Agassiz v. Superior CourtCalifornia Supreme Court · 1891
  2. Slayden v. O'DeaCalifornia Supreme Court · 1920
  3. McGregor v. Bd. of Trs. of BurlingameCalifornia Supreme Court · 1911
  4. Lund v. Superior Court of S.F.California Supreme Court · 1911

3Cited by17 opinions

  1. Andrews v. Superior CourtCalifornia Court of Appeal · 1930
  2. C. S. Smith Metropolitan Market Co. v. Superior CourtCalifornia Supreme Court · 1940
  3. Chesney v. District Court of Salt Lake CountyUtah Supreme Court · 1941
  4. W. R. Grace & Co. v. Civil Aeronautics BoardCourt of Appeals for the Second Circuit · 1946
  5. Lindsey v. Superior CourtCalifornia Court of Appeal · 1929

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