First National Bank of San Pedro v. Superior Court

There is pending in respondent court, before respondent judge, a certain cause entitled First Nat. Bank of San Pedro v. Stansbury. This cause will in this opinion be referred to as the action and the plaintiff therein will be referred to as the Bank. The trial of the action was commenced before a jury, the fees of the jury having been paid by the Bank, when, upon motion of Stansbury, respondent judge discharged the jury and appointed a referee to ascertain certain facts involved in the action and to make report thereof to the court. Thereupon the Bank and one John Balch, whose interest in the action will later appear, presented to this court their petition for a writ of mandate in the present proceeding. The petition prays that respondents be commanded to proceed with the trial of the action before a jury and to vacate the order of reference. An alternative writ issued and we are now to determine whether a peremptory writ shall go forth. The only question presented is as to the sufficiency of the petition for the writ, as the only return made by respondents is by demurrer.

The complaint in the action, composed of two counts, seeks to recover upon that number of promissory notes,…