Debrincat v. Swart

Full title: JOSEPH DeBRINCAT, Petitioner, v. FRANKLIN SWART, as Judge of the Superior…

Court: Court of Appeal of California, First District, Division Two

Date published: Sep 21, 1934

1 Cal.App.2d 756 (Cal. Ct. App. 1934)

36 P.2d 136

Opinion

Docket No. 9563.

September 21, 1934.

PROCEEDING in Mandamus to compel the Superior Court of San Mateo County, and Franklin Swart, Judge thereof, to vacate an order staying proceedings in a pending action and to assume jurisdiction of said action. Writ denied.

The facts are stated in the opinion of the court.

John J. Taheny, R.O. Purvis and Varnum Paul for Petitioner.

Hugh K. McKevitt and Bronson, Bronson Slaven for Respondents.

MEMORANDUM CASES.

THE COURT.

[1] For the reasons given in DeBrincat v. Mogan, Judge of Superior Court, Civil No. 9547 ( ante, p. 7 [ 36 P.2d 245]), the petition herein is denied and the alternative writ is discharged.