Fix
Fix v. Superior Court
Opinion
Lead Opinion
Conrey, J.
On petition filed an alternative writ of mandate was issued. Respondents demurred to the petition on the ground that the same does not state facts sufficient to entitle petitioners to the demanded relief. The case is submitted on this demurrer.
The petitioners appealed to the Supreme Court from a judgment entered against them as defendants in an action in the Superior Court of Los Angeles County. In connection with that appeal they filed a stay bond with two sureties. In response to a demand for justification of those sureties, the petitioners, upon notice duly given, appeared before respondent judge with said sureties, for justification of the sureties. The matter being called for hearing, the judge examined the bond and asked the attorney for petitioners whether the sureties were married. The attorney having replied that they were married, the judge thereupon stated that he would not approve the bond because it was necessary that the wives of the sureties join in said bond on account of the community property laws in this state. The • judge refused to proceed further in said matter and refused to hear evidence of the qualification of the sureties, and wrote on the back of the…