McConoughey v. Torrence
Synopsis
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.
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.)
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)