General
BEATTY, Petitioner, v. SUPERIOR COURT, Respondent
2 Cal. Unrep. 159·Supreme Court of California·1883·CA
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Opinion
BEATTY, Petitioner, v. SUPERIOR COURT, Respondent.
No. 8800;
February 15, 1883.
Mandamus to Compel the Superior Court to Place a Cause on Appeal from a justice’s court on the calendar, and proceed with the trial thereof, issued on authority of Ward v. Superior Court, 58 Cal. 519.
Mandamus.
Wm. H. H. Hart for petitioner; Henly & Oates for respondent.
Cited in Acker v. Superior Court, 68 Cal. 246, 9 Pac. 110, as authority for holding that the defendant might be forced by mandamus to proceed to try a ease, appealed from a justice of the peace, on law and fact, where, instead of so- trying the case, the court has remanded it to the justice for trial de novo.
[MAJORITY — By the COURT.]
By the COURT.
On authority of Ward v. Superior Court of Marin County, 58 Cal. 519, let the writ issue.