Jacks v. Taylor

THE COURT.

This is a proceeding in mandamus. The petitioner in the court below will hereafter be referred to as the plaintiff, and the respondent in that court as the appellant.

This controversy was before this court on a previous occasion in a proceeding in which the same relief was sought, by the same plaintiff against the same defendant, the title of the case being identical with this case. (See Jacks v. Taylor, 24 Cal. App. 667, [142 Pac. 121].)

The facts of the controversy as they stood at the time that case was decided were fully stated in the opinion therein, and for those facts reference…