Pardy v. Montgomery
Cases that cite this one
9 later published cases cite this decision.
- In re Winchester (Cal. 1960)
- Solomon v. Solomon (Cal. Ct. App. 1953)
- Bond v. Bond (Me. 1928)
- People Ex Rel. Stone v. Jefferds (Cal. 1899)
- McLaughlin v. Clausen (Cal. 1897)
- Hassey v. S. San Francisco Homestead & R.R. Ass'n (Cal. 1894)
- Spence v. Scott (Cal. 1893)
- McAulay v. Truckee Ice Co. (Cal. 1889)
- Gilman v. Bootz (Cal. 1889)
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
We cannot take notice of the affidavits in the transcript, showing, as claimed by the appellant, the circumstances under which this action was dismissed " by the court below, for the reason that it is not shown in any mode that such affidavits were used on the hearing of the application in that court.
The court below had power to dismiss the action for want of prosecution (see Code Civ. Proc., sec. 581), and there being no showing to the contrary, we must presume that the court below exercised its power properly and within the rules prescribed by law.
Judgment affirmed.
' Searls, C. J., Works, J., Paterson, J., and Sharp-stein, J., concurred.
Rehearing denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.