Klein Bros. v. Superior Court

In this proceeding the petitioners seek a writ of review of a certain order made and entered in the Superior Court of Sutter County granting a new trial in an action pending in said court, wherein the Standard Oil Company of California, a corporation, is plaintiff, and Klein Bros., R. W. Jones et al., are defendants.

The record before us shows that Klein Bros, is a co-partnership composed of Sol D. Klein and Jack Klein; that on or about the seventeenth day of February, 1932, the Standard Oil Company commenced an action in the Justice’s Court of Yuba Township against the above-named defendants, and obtained judgment against Klein Bros, and R W. Jones for the sum of $287 principal, $30.25 interest, and $20 costs. From this judgment the defendants Klein Bros., alone, took an appeal to the Superior Court of Sutter County. After the entry of the judgment in the justice’s court, execution was issued against the defendant R W. Jones, and returned unsatisfied. The appeal by Klein Bros, was taken as to both questions of law and fact, and the action was thereafter tried in the Superior Court of Sutter County and judgment entered in favor of the defendants Klein Bros. A motion for a new…