Krasnow v. Superior Court

THE COURT.

This cause was originally before us upon the application of the above named petitioner for a writ of prohibition restraining and preventing the Superior Court of the County of Sacramento and the Honorable Dal M. Lemmon, as Judge thereof, from proceeding with the trial of a certain case therein pending entitled

“Chan Buck Sun

v.

Bessie Haines, B. B. Krasnow et al.”,

and numbered 43409.

Upon the hearing of this petition this court entered its order denying the same, and in doing so acted on the assumption that the cause of

Chan Buck Sun

v.

Bessie Haines et al.,

having been partially tried, had been submitted for decision, and that the submission was set aside on the 26th day of September, 1932, and an order made that said cause be reset for trial.

[142]

The record before us discloses the following chronological history of the case: The complaint in action numbered 43409 was filed on or about July 16, 1929, to enforce an alleged stockholders’ liability. Thereafter, and on October 31, 1930, and on January 6, 1931, the cause was partially tried. Witnesses were sworn and testified, and documentary evidence introduced, and the plaintiff thereupon rested his case. The cause being partially heard and tried before the Honorable John F. Pullen, then presiding as a judge of the Superior Court in Department No. 4, no testimony appears to have been introduced, further than that on the part of the plaintiff. On January 6, 1931, an order was entered continuing the further trial of said cause to January 21, 1931. On January 21, 1931, the trial of said cause was continued for one week. On January 28, 1931, no' order whatever appears to have been made concerning said cause. On March 13, 1931, the cause was dropped from the calendar. On September 26, 1932, an order was made dropping the cause from the calendar, to be reset. No order was then made for resetting the cause for trial. Said cause appears to have been on the calendar to be set for trial on September 18, October 2, and November 19, 1934, and on January 7, and April 16, 1935, on which last date it was dropped from the calendar at the request of an attorney for the plaintiff. Thereafter, the cause was set for trial on April 24, 1936, and continued to May 21, 1936. Outside of the one request by the plaintiff for a continuance of the trial, it does not appear at whose request the orders set forth herein were made.