California Courts of Appeal, 1935

Williams v. Superior Court

California Courts of Appeal · Decided June 7, 1935

7 Cal. App. 2d 436; 45 P.2d 1027; 1935 Cal. App. LEXIS 749

Cases that cite this one

6 later published cases cite this decision.

Boyer v. County of Contra Costa (Cal. Ct. App. 1965)
Hayward Unified School District v. Superior Court (Cal. Ct. App. 1965)
Pacific View Hospital v. Superior Court (Cal. Ct. App. 1961)
Kerby v. Hal Roach Studios, Inc. (Cal. Ct. App. 1942)
Kiesel v. District Court of Sixth Judicial Dist. Ex Rel. Sevier County (Utah 1938)
Williams v. Superior Court (Cal. Ct. App. 1935)

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

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.

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