Voorman v. Superior Court of S.F.
Before: Sloss
Synopsis
Certiorari—Order Extending Time to Plead, Demur, or Move— Jurisdiction.—Certiorari to review an order extending time to plead, demur, or move examines only the jurisdiction of the court to make the order complained of, and no mere error in the exercise of jurisdiction can he considered thereupon.
Id.—Extension tor Thirty Days—Stipulation por Answer—Further Extension op Time to Demur or Move.—Where, during an extension of thirty days in which to plead, demur, or move, plaintiff stipulated to extend time to answer to a fixed date, and the court ordered a further extension of fifteen days, expiring at a prior date, in which to plead, demur, or move, plaintiff could not take default during the life of the stipulation, and the court had jurisdiction to determine whether the stipulation was binding or was subject to an oral contract that defendant should not demur, and to determine, whether rightly or wrongly, that defendant was entitled to demur; and its order allowing a demurrer to be filed within the fifteen days will not be annulled upon certiorari.
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