Grafton

Grafton v. Superior Court

Good Law
1924 Cal. App. LEXIS 531·66 Cal. App. 319·226 P. 9
Court of Appeal of CaliforniaMarch 25, 1924Civ. No. 4693.California1,223 words

Opinion

Lead Opinion

Craig, J.

One Lizzie A. James having recovered judgment against the petitioners herein in the justice’s court of Venice township, they perfected an appeal to the superior court of Los Angeles County on October 28, 1922, and on April 17, 1923, the case was on motion of the plaintiffs set for trial in the superior court on January 31, 1924. After the date when the cause was set for trial, and on June 14, 1923, the following section was added to the Code of Civil Procedure as number 891a (Stats. 1923, p. 755): “No action heretofore or hereafter appealed from the justice court to the superior court, shall be further prosecuted, and no further proceedings shall be had therein, and all such actions heretofore, or hereinafter appealed, must be dismissed by the court to which the same shall have been appealed, on its own motion, or on the motion of any party interested therein, whether named in the complaint as a party or not, where the appealing party fails to bring such appeal to trial within one year from the date of filing such appeal in said superior court, unless such time be otherwise extended by a written stipulation by the parties to the action filed with the clerk of the superior court to…

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