Anderson v. Pennie

Citations

• 32 Cal. 265

Syllabus

<p>A Trial.—A trial is the examination before a competent tribunal, according to the law of the land, of the facts or a question of law put in issue in a cause, for the purpose of determining such issue.</p> <p>Fees of Justice in San Francisco.—Where no trial of an action is had, or entered upon, a Justice of the Peace in San Francisco can charge only two dollars for all services rendered, including the entry of a judgment of discontinuance.</p> <p>Idem.—If the plaintiff, after the summons is served, and on the return day, without any other proceedings, directs the Justice to enter a judgment of discontinuance, no trial is had or entered upon.</p> <p>Writ of Mandate to Justice.—A writ of mandate will issue to compel a Justice of the Peace to enter a judgment of discontinuance.</p>