Shell Oil Co. v. Superior Court

[481]

THE COURT.

This is a petition to recall and modify the peremptory writ of prohibition which was previously issued by this court restraining the Superior Court of the State of California in and for the County of Sonoma from proceeding to try the libel suit entitled

“Kidwell et al.

v.

Shell Oil Company et al.”,

number 20583, which is pending in that county, until adequate bonds are supplied by the plaintiffs as required by Statutes of 1871, page 533, Act 4317, volume 2, Deering’s General Laws of California.

Upon a petition for a writ of prohibition this court determined that a single $500 bond furnished by all of the plaintiffs in the consolidated libel suits was inadequate to comply with the provisions of the statute, and upon the contrary that at least a bond of $500 was required to be filed by each plaintiff.

(Shell Oil Co. et al.

v.

Superior Court of the State of California in and for the County of Sonoma et al., 2

Cal. App. (2d) 348 [37 Pac. (2d) 1078].) Inadvertently the peremptory writ of prohibition was issued in that proceeding restraining the court from further proceedings in that case until adequate bonds in the amount of $500 shall have been furnished therein by each plaintiff to secure the costs and charges which may be awarded “to each of the defendants ’ \\

Upon this hearing to recall and modify the peremptory writ of prohibition, it is contended by the plaintiffs in the libel suit that the statute does not require a $500 bond to secure the costs and charges which may be awarded to each separate defendant in the 'suit. This court did not hold that a $500 bond must be filed by each plaintiff in the consolidated suits to separately secure each of the defendants in those suits to the full amount of $500. The defendants argue very convincingly that a single $500 bond furnished by each plaintiff to all of the defendants as a group may be insufficient to secure the actual costs and charges to which they may be entitled in the event that any of them may recover a judgment, in their favor or that the action may be dismissed as to any such defendant, or as to all of them.