Legal Opinion

Miles & Sons, Inc. v. Superior Court

California Court of Appeal

Decided May 20, 1960No. Civ. 9935PublishedCited by 11 opinions

1Opinion of the CourtVan Dyke, P. J.

This is a petition praying alternatively for a writ of prohibition to restrain the respondent court from proceeding further in a pending action in which petitioner is one of the defendants or for a writ of mandate to compel the respondent court to dismiss the action as against petitioner.

The action against petitioner and others was commenced by the real parties in interest in the respondent court on December 24, 1956. Within three years thereafter petitioner was duly served with summons, but the return thereon was not made until January 4, 1960. However, on December 29, 1959, counsel for…

2Cases cited8 opinions

  1. Wyoming Pacific Oil Co. v. PrestonCalifornia Supreme Court · 1958
  2. J. C. Penney Co. v. Superior CourtCalifornia Supreme Court · 1959
  3. Woley v. TurkusCalifornia Supreme Court · 1958
  4. Westphal v. WestphalCalifornia Court of Appeal · 1943
  5. Elmhurst Packers, Inc. v. Superior CourtCalifornia Court of Appeal · 1941

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Tresway Aero, Inc. v. Superior CourtCalifornia Supreme Court · 1971
  2. General Insurance v. Superior CourtCalifornia Supreme Court · 1975
  3. Big Bear Mun. Water Dist. v. Superior Court of San Bernardino Cty.California Court of Appeal · 1969
  4. Haseltine v. HaseltineCalifornia Court of Appeal · 1962
  5. Highlands Inn, Inc. v. GurriesCalifornia Court of Appeal · 1969

6 more not listed; retrieve them via the Exa API.

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