Legal Opinion

Fest v. Superior Court

California Court of Appeal

Decided April 29, 1918No. Civ. No. 1849PublishedCited by 1 opinion

APPLICATION for a Writ of Mandamus originally made to the District Court of Appeal for the Third Appellate District to compel the Superior Court to proceed with the trial of a Justice’s Court appeal. The facts are stated in the opinion of the court.

1Opinion of the CourtChipman, P. J.

Mandamus. Alleging the official capacity of defendants, the petition sets forth the following facts: That on December 24, 1917, in the said justice’s court of Sonoma Township, Sonoma County, a judgment was made and entered in an action wherein J. H. Murray was plaintiff and Rubin Fest, petitioner herein, was defendant, in favor of said plaintiff Murray and against petitioner herein for the sum of $86, claimed by said Murray to be due him as costs in an action pending wherein he was performing the duties of constable; that on January 18, 1918, petitioner duly filed and served notice of appeal,…

2Cases cited5 opinions

  1. Coker v. Superior CourtCalifornia Supreme Court · 1881
  2. Budd v. Superior CourtCalifornia Court of Appeal · 1910
  3. Crowley Launch & Tugboat Co. v. Suprior CourtCalifornia Court of Appeal · 1909
  4. Clay v. Superior CourtCalifornia Court of Appeal · 1916
  5. Fletcher Collection Agency v. Superior CourtCalifornia Court of Appeal · 1916

3Cited by1 opinion

  1. Corrigan v. Superior CourtCalifornia Court of Appeal · 1925

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