Taylor

Taylor v. Superior Court

Good Law
1928 Cal. App. LEXIS 684·93 Cal. App. 445·269 P. 727
Court of Appeal of CaliforniaAugust 4, 1928Docket No. 6110.California912 words

Opinion

Lead Opinion

This is an original petition seeking a writ of supersedeas, directed to respondent, staying the hearing of an appeal from the municipal court of Los Angeles to the Superior Court, entitled Alexander et al. v. Taylor et al. The unusual situation presented is as follows : Alexander and Nathan, copartners, recovered judgment in the municipal court against Taylor and his wife, defendants in that action and the petitioners here. The defendants appealed to the Superior Court, furnishing the regular undertaking on appeal. A motion was made to dismiss the appeal and denied on February 6, 1928. A second motion to dismiss was presented and denied on February 15, 1928. On the 10th of March, 1928, the judge of the municipal court who tried the action refused to settle the bill of exceptions on the ground that it had not been filed within the time required by law and on the 23d of March the defendants and petitioners here commenced a proceeding in mandamus to compel the municipal court judge to settle the bill. An alternative writ issued, but on April 9th the peremptory writ was denied and petitioners are prosecuting an appeal from that judgment, which appeal is now pending. The petition here…

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