Shepherd v. Superior Court
California Court of Appeal
APPLICATION for a Writ of Prohibition to restrain the Superior Court of Fresno County and S. L. Strother, Judge thereof, from proceeding with the retrial of a ease, following the making of a void order granting a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtWaste, P. J.
The petitioners have applied for a writ of prohibition to restrain the respondent from proceeding with the retrial of a case, after motion for a new trial granted. The order purporting to grant the motion is regular on its face, but is shown by uncontroverted evidence to have been irregularly made and entered.
The petitioners were defendants in an action, brought in the court below, entitled Kahriman et al. v. Shepherd et al. (No. 23,376). Judgment was rendered in their favor. On the third day of January, 1921, as such defendants, they gave notic§ to the plaintiffs in the action of the entry…
2Cases cited8 opinions
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- Campbell v. GenshleaCalifornia Supreme Court · 1919
- Von Schmidt v. WidberCalifornia Supreme Court · 1893
- Matter of SmithCalifornia Supreme Court · 1907
- Carpenter v. NutterCalifornia Supreme Court · 1899
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3Cited by15 opinions
- Hamblin v. Superior CourtCalifornia Supreme Court · 1925
- Kraft v. LamptonCalifornia Court of Appeal · 1936
- United Railroads of San Francisco v. Superior CourtCalifornia Supreme Court · 1925
- Holquin v. AllisonCalifornia Court of Appeal · 1929
- In Re BradyCalifornia Court of Appeal · 1924
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