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Hoopes v. Superior Court

71 Cal. App. 799 Court Second- Appellate District, Division, Two. Decision date 1925-03-07 Docket Civ. No. 4938 English

Delivered by CRAIG, J.

Contents

Majority

p. 799
[Civ. No. 4938.
Second- Appellate District, Division, Two.
March 7, 1925.]
EMMA HOOPES et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents.

Headnote

[1] Justice’s Court—Appeal—Delay in Bringing to Trial.—Peremptory writ of mandamus granted upon authority of Hoopes v. Superior Court, ante, p. 564.
PROCEEDING in Mandamus to compel the dismissal of a Justice’s Court appeal.
Peremptory writ granted.
The facts are stated in the opinion of the court.
Thos. H. Cornett for Petitioners.
Gerecht & Hall, E. P. Gerecht and C. W. Hall for Respondents.

Petitioners herein were defendants in an action commenced in the justice’s court of Los Angeles township by one Jay Smith. [1] Otherwise the record before us in this proceeding is the same in all respects as that presented in Hoopes v. Superior Court, ante, p. 564 [ 235 Pac. 739 .]

The questions involved herein have been discussed and decided in the opinion filed in case numbered 4939 {ante, p. 564).

The peremptory writ of mandate is therefore -granted, and the Superior Court is directed to dismiss the appeal.

Finlayson, P. J., and Works, J., concurred.