Legal Opinion

San Francisco-Oakland Terminal Railway v. Superior Court of Alameda County

California Supreme Court

Decided May 4, 1916No. S. F. No. 7795. In BankPublishedCited by 10 opinions

APPLICATION for a Writ of Mandate directed to the Superior Court of Alameda County, and to T. W. Harris, a Judge thereof. The facts are stated in the opinion of the court. W. H. Smith, A. L. Whittle, Frank B. Lorigan, Chapman & Trefethen, and Chiekering & Gregory, for Petitioner.

1Opinion of the Court

This is a proceeding in mandamus to compel respondents to hear and determine on its merits a motion for a new trial regularly made by petitioner in an action in said superior court, in which one Theo. C. Forrester is plaintiff and petitioner is defendant. The alleged ground of respondents' refusal to act is that its power to pass on said motion has expired by reason of the provisions of section 660 of the Code of Civil Procedure, as amended August 8, 1915. The matter has been submitted for decision on a demurrer to the petition.

The case of Forrester against petitioner was tried with a jury…

2Cases cited5 opinions

  1. Pignaz v. BurnettCalifornia Supreme Court · 1897
  2. Garrison v. HillCourt of Appeals of Maryland · 1895
  3. Lancel v. PostlethwaiteCalifornia Supreme Court · 1916
  4. Crothers v. Edison Electric Co.U.S. Circuit Court for the District of Northern California · 1906
  5. Woodruff v. ColyearCalifornia Supreme Court · 1916

3Cited by10 opinions

  1. Ransome-Crummey Co. v. Superior CourtCalifornia Supreme Court · 1922
  2. Bank of America National Trust and Savings Ass'n v. DennisonCalifornia Court of Appeal · 1935
  3. Dolan v. Superior CourtCalifornia Court of Appeal · 1920
  4. Jones v. SummersCalifornia Court of Appeal · 1930
  5. Holquin v. AllisonCalifornia Court of Appeal · 1929

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