Legal Opinion

Hertz v. Superior Court

California Court of Appeal

Decided October 22, 1917No. Civ. No. 2283Published

APPLICATION for a Writ of Mandamus originally made to the District Court of Appeal for the First Appellate District to compel the dismissal of an action. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

Petition for writ of mandate directed to respondent commanding it to dismiss a certain action pending before it because of the alleged failure to file a good and sufficient bond under the provisions of section 1036 of the Code of Civil Procedure.

We are satisfied that the court below was empowered, under the provisions of section 1054 of the Code of Civil Procedure, to extend the time in which the bond in question might be filed; and we think, upon the authority of Sciutti v. Pacific Coal Co., 30 Utah, 462, [8 Ann. Cas. 942, 85 Pac. 1011], and the case of Kissler v. Budge, 24 Idaho,…

2Cases cited2 opinions

  1. Sciutti v. Union Pac. Coal Co.Utah Supreme Court · 1906
  2. Kissler v. BudgeIdaho Supreme Court · 1913

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