San Francisco Breweries, Ltd. v. Superior Court

This is an original proceeding in mandamus. The petitioner seeks an order of this court compelling the Superior Court of the City and County of San Francisco and Honorable J. J. Van Nostrand, Judge thereof, to set for further hearing and trial the case of The San Francisco Breweries, Limited, a Corporation, Plaintiff, v. Leon Morgen, Defendant, now pending in said Superior Court, and numbered 140167 in the files of said Court.

It appears from the record before us that petitioner herein, The San Francisco Breweries, Limited, is, and was, during all the times herein mentioned, a corporation formed and existing under and by virtue of the laws of the United Kingdom of Great Britain and Ireland.

On October 3, 1923, the petitioner herein,- as plaintiff, commenced an action in the Superior Court of the City and County of San Francisco against one Leon Morgen, defendant, to recover the sum of forty-four thousand eight hundred dollars, claimed to be due as rent of certain premises in San Francisco, owned by the petitioner herein, and claimed to have been leased to the said defendant Morgen.

Thereafter, and on the seventeenth day of December, 1923', the defendant Morgen served and filed…