McConoughey v. Torrence

California Supreme Court April 21, 1899

McConoughey v. Torrence, 124 Cal. 330 (Cal. 1899)

57 P. 81; 1899 Cal. LEXIS 994

Opinion of the Court

THE COURT.

This is a proceeding in mandamus to compel the respondent to settle a statement on appeal. The appeal was taken within sixty days after July 28, 1898. The refusal *331to settle the statement was made final and definite by an order of respondent made and entered October 11, 1898. This proceeding to compel settlement was not commenced until March 24, 1899, and the application must be denied upon the ground of laches. (Depeaux v. Peck, 118 Cal. 522.)

Reference

Full Case Name: A. M. McCONOUGHEY v. E. S. TORRENCE, Judge of Superior Court of San Diego County
Cited By: 27 cases
Status: Published
Syllabus: Appeal—Mandamus to Settle Statement—Laches.—Where the refusal of the superior court to settle a statement on appeal was made final and definite by an order made and entered more than five months prior to the application in this court for a mandamus to compel the settlement of the statement, the application must be denied on the ground of laches.