Theilman v. Superior Court of Alameda Cty.

Citations

• 95 Cal. 224
• 30 P. 193
• 1892 Cal. LEXIS 804

Syllabus

<p>Divorce — Dismissal — Attorney and Client — Mandamus — Remedy at La.\\v — Substitution of Attorneys — Condonation. — It seems that the attorneys for the plaintiff in a divorce suit are not entitled to insist that the cause be retained until their fees are paid, against the expressed wish of their client to dismiss the action; but mandamus to the court is not the proper remedy to compel such dismissal, the plaintiff having an adequate remedy to secure the dismissal, if desired, by a substitution of attorneys; and as the affidavit and prayer for dismissal filed in the action by the plaintiff constitute a condonation by which the defendant can at any time defeat the action, the defendant is not entitled , to a writ of mandate to compel the dismissal.</p>