Hubbard v. Justice's Court
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara County, denying a writ of prohibition to the Justice’s Court of San Jose Township. A. L. Rhodes, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
Appeal from a judgment denying application for writ of prohibition.
Appellant brought this action in the superior court of Santa Clara county to obtain a writ, prohibiting defendant from proceeding to try an action against appellant pending in the said justice court, and wherein, as appears by the record, summons was neither served on defendant in that action (plaintiff herein) nor returned within three years from the commencement of the action.
Appellant contends that as the summons in the action in the justice court was not served until after the expiration of three years from the…
2Cases cited9 opinions
- White v. Superior CourtCalifornia Supreme Court · 1899
- Agassiz v. Superior CourtCalifornia Supreme Court · 1891
- Lindley v. Superior CourtCalifornia Supreme Court · 1903
- Murphy v. Superior Court of Santa Clara CountyCalifornia Supreme Court · 1890
- Jacobs v. Superior CourtCalifornia Supreme Court · 1901
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3Cited by3 opinions
- Sunset Farms, Inc. v. Superior CourtCalifornia Court of Appeal · 1935
- County of Washoe v. City of RenoNevada Supreme Court · 1961
- Campbell v. DurandUtah Supreme Court · 1911