Legal Opinion

Smith v. Superior Court

California Supreme Court

Decided July 8, 1905No. S.F. No. 4353PublishedCited by 17 opinions

' APPLICATION for Writ of Mandate to the Superior Court of the City and County of San Francisco. J. C. B. Ilebbard, Judge. The facts are stated in the opinion of the court.'

1Opinion of the Court

THE COURT.

This is a petition for a writ of mandate requiring the superior court to enter a final decree of divorce.

In an action by petitioner against her husband the court heard the evidence, and an order was entered in its minutes reciting the submission and consideration of the cause, and adding: “It is ordered by the court that an interlocutory decree of divorce be entered herein in favor of the plaintiff on grounds of defendant’s willful neglect and desertion.” Nothing further was done. No findings were filed and no decree ever entered in the judgment-book.

More than a year after the entry…

2Cited by17 opinions

  1. Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
  2. People v. GordonCalifornia Court of Appeal · 1951
  3. McNeil v. City of South PasadenaCalifornia Supreme Court · 1913
  4. Southern Pacific R.R. Co. v. StibbensCalifornia Court of Appeal · 1930
  5. Schaffer v. SmithCalifornia Supreme Court · 1915

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