Montgomery v. Neilon
California Court of Appeal
PROCEEDING in Mandamus to compel the clerk of the Superior Court of Siskiyou County to file and enter certain dismissals of actions which had been commenced by petitioners. Writ denied. The facts are stated in the opinion of the court.
1Opinion of the CourtHart, J.
The petitioners pray for a writ of mandate to compel the respondent, as ex-officio clerk of the superior court in and for the county of Siskiyou, to “file ánd enter in the clerk’s register” the dismissal of each of twelve separate and distinct actions, which had been commenced in said court by the petitioners, each in Ms own right, against Churchill Company, a corporation, and others.
Section 581 of the Code of Civil Procedure provides that an action may be dismissed: “ ... 1. By the plaintiff himself, by written request to the clerk, filed with the. papers in the case, at any time before the…
2Cases cited4 opinions
- Garfield v. WilsonCalifornia Supreme Court · 1887
- Churchill Co. v. KingsburyCalifornia Supreme Court · 1918
- Perri v. BeaumontCalifornia Supreme Court · 1891
- Goldberg v. ThompsonCalifornia Supreme Court · 1892
3Cited by4 opinions
- Hutchison v. Reclamation District No. 1619California Court of Appeal · 1927
- Ross v. O'BRIENCalifornia Court of Appeal · 1934
- Oliver v. Superior CourtCalifornia Court of Appeal · 1924
- Grisso v. Superior CourtCalifornia Court of Appeal · 1927