Seltzer v. Musicians' Union Local No. 6
Seltzer v. Musicians' Union Local No. 6
Opinion of the Court
This is an application for a writ of supersedeas. The petitioner is conducting a roller derby in San Francisco. A controversy arose between him and the respondent Musicians’ Union in the course of which, on February 4, 1939, he filed in the superior court a complaint praying for an injunction to restrain the defendants in said action, respondents herein, from interfering with the conduct of the plaintiff’s business. Upon the filing of the complaint the presiding judge of the superior court issued an order
Upon the consideration of the return and the authorities presented therewith it is concluded that the order of the superior court vacating the temporary restraining order became effective immediately upon its entry and was self-executing ; that no proceeding or other process of the superior court is pending or outstanding upon which the writ of supersedeas may appropriately operate within the rule laid down in In re Imperial Water Co. No. 3 v. Hall, 199 Cal. 556 [250 Pac. 394]; Hulse v. Davis, 200 Cal. 316 [253 Pac. 136], and other similar cases (see 10 Cal. Jur. Ten-Year Supp., p. 461). To grant the writ would, in effect, grant an injunction which the trial court had refused. (McCann v. Union Bank & Trust Co., 4 Cal. (2d) 24 [47 Pac. (2d) 283]; Wollenshlager v. Riegel, 186 Cal. 622 [200 Pac. 726]; Southern Pac. Co. v. Smith, 171 Cal. 8 [151 Pac. 426].)
The order to show cause is discharged and the petition for the writ is denied.
Reference
- Full Case Name
- OSCAR SELTZER v. MUSICIANS' UNION LOCAL No. 6
- Cited By
- 1 case
- Status
- Published