Lincoln v. Superior Court of L.A. Cty.

This is an application for a writ of mandate to compel a superior court to “set [an order to show cause in a separate maintenance suit] . . . for immediate hearing and to determine said matter on its merits.” The application is before us on the petition for the writ and on the answer of the real party in interest and has been submitted upon the record of the proceedings in the trial court as reflected in such documents.

There are two controverted issues of fact which are to be determined upon the sufficiency of the evidence (the record of the proceedings in the trial court) to establish the…