Abbott v. Superior Court

California Court of Appeal

Abbott v. Superior Court

118 P. 100, 17 Cal. App. 13, 1911 Cal. App. LEXIS 13

CourtCalifornia Court of Appeal

DecidedAugust 15, 1911

DocketCiv. Nos. 1057, 1056, 1055.

StatusPublished

Cited by1 cases

This text of 118 P. 100 (Abbott v. Superior Court) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abbott v. Superior Court, 118 P. 100, 17 Cal. App. 13, 1911 Cal. App. LEXIS 13 (Cal. Ct. App. 1911).

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Opinion

LENNON, P. J.

The respective petitions of .William M. Abbott, Thornwell Mull ally, and Patrick Calhoun for a writ of mandate, directed to the superior court of the city and county of San Francisco, requiring a dismissal of certain indictments for felony pending in said court against petitioners, were submitted for decision with the case of Tirey L. Ford, this day decided.

*14 In point of law and fact the cases are practically identical. The differences are nonessential. In the case of Patrick Calhoun he was once tried. In the cases of the other petitioners they were never given even a single trial. For the reasons stated in the case of Tirey L. Ford versus Superior Court of the City and County of San Francisco et al. (No. 1052), ante, p. 1, [118 Pac. 96], the prayer of each petitioner is granted, and it is ordered that a peremptory writ of mandate issue out of this court and under the seal thereof, directed to the superior court of the city and county of San Francisco and to the Honorable Wm. P. Lawlor, judge thereof, directing and commanding the dismissal of all the indictments pending against these petitioners and each of them.

Chipman, J., and Kerrigan, J., concurred.

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LENNON, P. J.

The respective petitions of .William M. Abbott, Thornwell Mull ally, and Patrick Calhoun for a writ of mandate, directed to the superior court of the city and county of San Francisco, requiring a dismissal of certain indictments for felony pending in said court against petitioners, were submitted for decision with the case of Tirey L. Ford, this day decided.

*14 In point of law and fact the cases are practically identical. The differences are nonessential. In the case of Patrick Calhoun he was once tried. In the cases of the other petitioners they were never given even a single trial. For the reasons stated in the case of Tirey L. Ford versus Superior Court of the City and County of San Francisco et al. (No. 1052), ante, p. 1, [118 Pac. 96], the prayer of each petitioner is granted, and it is ordered that a peremptory writ of mandate issue out of this court and under the seal thereof, directed to the superior court of the city and county of San Francisco and to the Honorable Wm. P. Lawlor, judge thereof, directing and commanding the dismissal of all the indictments pending against these petitioners and each of them.

Chipman, J., and Kerrigan, J., concurred.

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Bluebook (online)

118 P. 100, 17 Cal. App. 13, 1911 Cal. App. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abbott-v-superior-court-calctapp-1911.

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