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Williams v. Superior Court

45 P.2d 1027, 7 Cal. App. 2d 436, 1935 Cal. App. LEXIS 749
CourtCalifornia Court of Appeal
DecidedJune 7, 1935
DocketCiv. No. 9897
StatusPublished
Cited by6 cases

This text of 45 P.2d 1027 (Williams 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
Williams v. Superior Court, 45 P.2d 1027, 7 Cal. App. 2d 436, 1935 Cal. App. LEXIS 749 (Cal. Ct. App. 1935).

Opinion

THE COURT.

Petition for mandamus to compel the lower court to quash the summons on a suit for libel for the reason that no undertaking was filed prior to the issuance thereof. The giving of the undertaking is not jurisdictional. Where a proper undertaking is on file when the motion to dismiss for failure to file it in time is made the motion must be overruled. Even after the motion to dismiss, the court may order the filing thereof. The bond is intended to secure the costs of defendant and this object is accomplished if when the objection is made an undertaking is executed. (Becker v. Schmidlin, 153 Cal. 669 [96 Pac. 280].)

For the reasons given the petition is denied.

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Kerby v. Hal Roach Studios, Inc.
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Kiesel v. District Court of Sixth Judicial Dist. Ex Rel. Sevier County
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Williams v. Superior Court
7 Cal. App. 2d 436 (California Court of Appeal, 1935)

Cite This Page — Counsel Stack

Bluebook (online)
45 P.2d 1027, 7 Cal. App. 2d 436, 1935 Cal. App. LEXIS 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-superior-court-calctapp-1935.