Hoopesv.Superior Court of Los Angeles County

Court of Appeal of California, Second District, Division TwoMar 7, 1925
71 Cal.App. 799 (Cal. Ct. App. 1925)
71 Cal.App. 799235 P. 742

Docket No. 4938.

March 7, 1925.

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.F. 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 P. 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.