James v. Superior Court
Cases that cite this one
4 later published cases cite this decision.
- Auto Equity Sales, Inc. v. Superior Court (Cal. 1962)
- San Joaquin & Kings River Canal & Irrigation Co. v. Stevenson (Cal. Ct. App. 1916)
- Behrensmeyer v. Gwinn (Idaho 1913)
- State ex rel. Repp v. Cox (Ind. 1900)
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
— Application for a writ of mandate to compel the respondent to settle a statement on motion for new trial in a probate proceeding.
It does not appear from the petition for the writ that the action was tried by a jury, nor is there a decision by the court. The proceeding, so far as any appears to have been had, was under chapter iii., article v., of the Code of Civil Procedure. By the allegations of the parties, certain issues of fact were raised, and the court, of its own motion, submitted two of them to a jury, which was impaneled for that purpose, and the jury found upon t-hese issues, and was discharged. The court took no further action in the matter, and the case has not been decided.
The verdict of the jury in this proceeding is not the verdict of the jury in an action tried by a jury, within the meaning of section 659 of the Code of Civil Procedure, but was merely advisory to the judge, and of no force or effect until adopted by him.
In that state of the case, we think the notice of intention to move for a new trial and the presentation of the statement for settlement were premature.
Application denied.
Beatty, C. J., McFarland, J., Works, J., Thornton, J., and Paterson, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.