Legal Opinion

Lewis v. Superior Court

California Court of Appeal

Decided October 6, 1909No. Civ. No. 674PublishedCited by 3 opinions

PETITION for writ of prohibition to the Superior Court of Butte County. John C. Gray, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtChipman, P. J.

The action is brought to prohibit the defendants from proceeding to try the case de novo in which H. S. Parker is plaintiff and the petitioner here is defendant. It appears that the action last above referred to was commenced in the justice court of Chico township; it came on for trial; the plaintiff submitted his evidence and rested, whereupon defendant moved for a judgment of nonsuit and dismissal of the action on the ground that the plaintiff had failed to prove his alleged cause of action, and the facts were insufficient to constitute a cause of action. The motion was granted and judgment…

2Cases cited4 opinions

  1. Hanna v. De GarmoCalifornia Supreme Court · 1903
  2. Null v. Superior CourtCalifornia Court of Appeal · 1906
  3. Smith v. Superior CourtCalifornia Court of Appeal · 1905
  4. Ferguson v. Board of EducationCalifornia Court of Appeal · 1908

3Cited by3 opinions

  1. Golden Gate Tile Co. v. Superior Court, in & for City of S.F.California Supreme Court · 1911
  2. State ex rel. Poston v. District Court of Eighth Judicial District, Fremont CountyWyoming Supreme Court · 1924
  3. Campbell v. DurandUtah Supreme Court · 1911

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