Western Credit Association v. Brayton

California Supreme Court

Western Credit Association v. Brayton

241 P. 868, 197 Cal. 797, 1925 Cal. LEXIS 283

CourtCalifornia Supreme Court

DecidedDecember 1, 1925

DocketDocket No. S.F. 11724.

StatusPublished

Cited by1 cases

This text of 241 P. 868 (Western Credit Association v. Brayton) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Western Credit Association v. Brayton, 241 P. 868, 197 Cal. 797, 1925 Cal. LEXIS 283 (Cal. 1925).

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Opinion

RICHARDS, J.

The petitioner herein applies for a writ of mandate to he directed to the respondent herein in his capacity as justice of the peace of Long Beach Township, county of Los Angeles. The particular facts upon which it bases its application and upon which the same is resisted are embraced within a stipulation of the parties as to the facts of the case, which said stipulation is in the main identical with that presented in the case of Robison v. Brayton, ante, p. 516 [241 Pac. 867], with the exception that in the above case the petitioner was seeking to have received and entered upon the docket of the respondent an oral demurrer in a case which was pending before him as a justice of the peace prior to July 24, 1925, while in the instant case the petitioner was, on August 24, 1925, seeking to have the respondent receive and file a complaint in an action not theretofore pending in the justices court of Long Beach township, of which it is herein contended the respondent was and still is a justice of the peace.

We can perceive no difference in principle between these two cases, nor in the application to them of the conclusions which this court arrived at in the case of Bakkenson v. Superior Court, ante, p. 504 [241 Pac. 874].

On authority of the foregoing cases it is, therefore, ordered that a writ of mandate issue as prayed for herein.

Myers, C. J., Lawlor, J., Seawell, J., Shenk, J., Waste, J., and Lennon, J., concurred.

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RICHARDS, J.

The petitioner herein applies for a writ of mandate to he directed to the respondent herein in his capacity as justice of the peace of Long Beach Township, county of Los Angeles. The particular facts upon which it bases its application and upon which the same is resisted are embraced within a stipulation of the parties as to the facts of the case, which said stipulation is in the main identical with that presented in the case of Robison v. Brayton, ante, p. 516 [241 Pac. 867], with the exception that in the above case the petitioner was seeking to have received and entered upon the docket of the respondent an oral demurrer in a case which was pending before him as a justice of the peace prior to July 24, 1925, while in the instant case the petitioner was, on August 24, 1925, seeking to have the respondent receive and file a complaint in an action not theretofore pending in the justices court of Long Beach township, of which it is herein contended the respondent was and still is a justice of the peace.

We can perceive no difference in principle between these two cases, nor in the application to them of the conclusions which this court arrived at in the case of Bakkenson v. Superior Court, ante, p. 504 [241 Pac. 874].

On authority of the foregoing cases it is, therefore, ordered that a writ of mandate issue as prayed for herein.

Myers, C. J., Lawlor, J., Seawell, J., Shenk, J., Waste, J., and Lennon, J., concurred.

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241 P. 868, 197 Cal. 797, 1925 Cal. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-credit-association-v-brayton-cal-1925.

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