California Courts of Appeal, 1933

Benjamin Franklin B. I. Corp. v. Schmidt

California Courts of Appeal · Decided May 16, 1933 · WORKS, P.J.

22 P.2d 26; 132 Cal. App. 39; 1933 Cal. App. LEXIS 240 (Pacific Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

City and County of San Francisco v. Cooper (Cal. 1975)
Neblett v. Superior Court (Cal. Ct. App. 1948)
United Farm Workers of America v. Agricultural Labor Relations Board (Cal. 1985)
Franchise Tax Board v. Municipal Court (Cal. Ct. App. 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

[1] The writ of review was improperly issued in this proceeding. After return made to the writ our attention is first called in the briefs to the fact that the petition for the writ was unverified. The writ of review can be issued only upon a verified petition. (Code Civ. Proc., sec. 1069.)

[2] As we have so often said under similar circumstances, respondent judge is not a proper party to the proceeding.

The writ and the accompanying restraining order are set aside and the proceeding is dismissed.

Stephens, J., and Parker, J., pro tem., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.