E. M. Lewis & Co. v. Daugherty
E. M. Lewis & Co. v. Daugherty
Opinion of the Court
Plaintiff brought this action to enjoin the defendant as commissioner of corporations of the State of California from proceeding with a hearing to determine whether cause existed for the revocation or suspension of a broker’s certificate theretofore issued to plaintiff; and upon the filing of the complaint an order was granted restraining defendant from holding said hearing and directing him to show cause why an injunction pendente lite should not issue. Defendant demurred to the complaint, and on October 8, 1937, a minute order was entered sustaining the demurrer without leave to amend and dissolving the restraining order. Thereafter, and on October 13, 1937, an order was made and filed reviving and reinstating the restraining order for the purpose of maintaining the status quo pending plaintiff’s intended appeal; and on the following day plaintiff filed its notice of appeal from the order made on October 8, 1937. The transcript on appeal was filed herein on November 5, 1937, and appellant’s opening brief was filed some twenty days later. In the meantime, to wit, on November 9, 1937, the defendant in said action instituted in this court an original proceeding in prohibition to prohibit the superior court from taking any further action in the cause pending therein; and after a hearing on the merits a peremptory writ of prohibition was issued as prayed. (Daugherty v. Superior Court, 23 Cal. App. (2d) 739 [74 Pac. (2d) 549].) Subsequently the appeal came on for hearing; there was no respondent’s brief on file, and neither side appeared at the hearing; whereupon the cause was ordered submitted.
Upon the grounds and for the reasons stated the appeal is dismissed.
Tyler, P. J., and Ward, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.