Dunphy v. Belden

Citations

• 57 Cal. 427

Syllabus

<p>Mandamus—Discretion—Superior Court.—A Superior Court has no power or discretion to refuse to try an action until judgment in another and separate action in another court of this State.</p> <p>In.—Id.— Id.— Case Distinguished.—Morrison, C. J., and Thornton, J., dissenting, were of the opinion that the principle does not apply in a case where a Superior Court makes an order postponing a trial until another action pending in the Supreme Court, on appeal from the same court, is disposed of. Avery v. Superior Court, ante, p. 247, distinguished.</p>