Bender v. Hutton
California Supreme Court
APPLICATION for a Writ of Mandate directed to the presiding judge of the Superior Court in and for the County of Los Angeles. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
This is a petition for a writ of mandate requiring a judge of the superior court to make an order for the publication of the summons in an action for divorce. The application for the order was based upon the ground that the defendant resided out of the state (Code Civ. Proc., sec. 412) and it was supported by the affidavit of the plaintiff alone, who merely deposed “That the last known address of said defendant was and is Clovis, New Mexico, and this defendant now resides at Clovis, New Mexico.”
The judge refused to make the order, and it is said that his only ground for such refusal was—as…
2Cited by6 opinions
- Taliaferro v. LockeCalifornia Court of Appeal · 1960
- Tiffany Records, Inc. v. M. B. Krupp Distributors, Inc.California Court of Appeal · 1969
- Tilton v. RussekCalifornia Supreme Court · 1916
- Perry v. District Court of the Seventh Judicial District of the State of Nevada ex rel. County of EsmeraldaNevada Supreme Court · 1918
- Ware v. StaffordCalifornia Court of Appeal · 1962
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