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McConoughey v. Torrence

A. M. McCONOUGHEY v. E. S. TORRENCE, Judge of Superior Court of San Diego County

McConoughey v. Torrence, 57 P. 81 (Cal. 1899)
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Court
California Supreme Court · State Highest Courts
Decided
April 21, 1899
Docket
No. L. A. No. 722
Citations
57 P. 81124 Cal. 3301899 Cal. LEXIS 994
Cited by 25
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.
Summary
APPLICATION in the Supreme Court for mandamus to the Judge of the Superior Court of San Diego County, to compel the settlement of a statement on appeal from a judgment of the Superior Court of that county. E. S. Torrence, Judge. The facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

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 *331 to 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.)

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 25 cases

View all citing references →
1905: 11911: 11917: 31923: 11931: 11935: 11937: 11938: 11941: 11942: 11948: 11950: 11952: 21953: 21966: 31968: 11972: 11985: 12013: 119052026peak 1917 · 3

Relies on it most ⓘ

  1. Lewis v. Superior Court261 Cal. App. 2d 736 (1968)
  2. Derr v. Busick218 P. 280 (Cal. Ct. App. 1923)
  3. Lewis v. Lewis163 P. 42 (Cal. 1917)
  4. Sanguinetti v. Sanguinetti69 P.2d 845 (Cal. 1937)
  5. Simoneau v. Pacific Electric Ry. Co.115 P. 320 (Cal. 1911)
  6. Farber v. Olkon254 P.2d 520 (Cal. 1953)

Most recent

  1. Housing Authority of the City of Glendale v. MithaiwalaNo. B234687 (Cal. Ct. App. Aug. 26, 2013)
  2. In re Marriage of Paul173 Cal. App. 3d 913 (1985)
  3. In re Marriage of Siegel26 Cal. App. 3d 88 (1972)
  4. Lewis v. Superior Court261 Cal. App. 2d 736 (1968)
  5. Levy v. Levy245 Cal. App. 2d 341 (1966)
  6. In re Dudley239 Cal. App. 2d 401 (1966)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Estate of Depeaux, 50 P. 682 (Cal. 1897) 7

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