Masonic Mines Assn. v. Superior Court

Mandate to compel the dismissal of an action. The petition alleges in substance that on the thirteenth day of June, 1932, the action sought to be dismissed was filed in Mono County against Masonic Mines Association and others. Thereafter, on August 5, 1932, defendants filed a demurrer and also a demand for change of place of trial. The demand for the change was granted and the action was transferred to Alameda County. The record in the case was thereupon transmitted to the clerk of said county. At the time the order of transfer was made the statute provided that refiling costs should be paid within one year after the date when such record arrived in the custody of the clerk of the court to which the case was ordered transferred. The record arrived on August 25, 1932. Thereafter the law upon the subject was amended, shortening the time to make such payment to one year after the date of the order of transfer, payment to be made to the clerk of the court which ordered the transfer. The statute in express terms was made to apply to pending eases. This statute went into effect on the twentieth day of August, 1933. Plaintiffs paid the filing fees to the clerk of Alameda County on August…