Legal Opinion

Clay v. Superior Court

California Court of Appeal

Decided November 25, 1916No. Civ. No. 2164PublishedCited by 4 opinions

APPLICATION for a Writ of Mandamus originally made to the District Court of Appeal for the Second Appellate District requiring the Superior Court to vacate an order dismissing a justice’s court appeal and restoring the ease to the calendar. The facts are stated in the opinion of the court.

1Opinion of the CourtConrey, P. J.

On prayer of the petitioners an alternative writ of mandamus was issued requiring the superior court to make an order vacating an order dismissing an appeal from a justice’s court, in an action to recover possession of certain personal property, and to proceed with the trial of that case, or to show cause why the same has not been done. Return having been duly made by the respondent, we are now required to determine whether the superior court was authorized to dismiss said appeal.

The petitioners were defendants in an action in the justice’s court of Los Angeles Township, in the county of Los…

2Cases cited9 opinions

  1. Wood v. Superior Court of Monterey CountyCalifornia Supreme Court · 1885
  2. Edwards v. Superior Court, in & for the Cty. of AlamedaCalifornia Supreme Court · 1911
  3. W. P. Jeffries Co. v. Superior CourtCalifornia Court of Appeal · 1910
  4. Bennett v. Superior CourtCalifornia Supreme Court · 1896
  5. Budd v. Superior CourtCalifornia Court of Appeal · 1910

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3Cited by4 opinions

  1. Winick Corp. v. County Sanitation District No. 2California Court of Appeal · 1986
  2. Fest v. Superior CourtCalifornia Court of Appeal · 1918
  3. Montezuma Improvement Co. v. Superior Court of San FranciscoCalifornia Court of Appeal · 1923
  4. Varnadore v. NovakWyoming Supreme Court · 1930

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