MERCHANTS SERV. CO. v. SMALL CLAIMS COURT

Docket No. S.F. 18069.

35 Cal.2d 109 (1950)

216 P.2d 846

MERCHANTS SERVICE COMPANY (a Corporation), Respondent, v. THE SMALL CLAIMS COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Appellants.

Supreme Court of California. In Bank.

April 12, 1950.


Attorney(s) appearing for the Case

Fred N. Howser, Attorney General, Clarence A. Linn and B. Abbott Goldberg, Deputy Attorneys General, John J. O'Toole and Dion R. Holm, City Attorneys, and C. Wesley Davis, Deputy City Attorney, for Appellants.

John H. Brill for Respondent.


SPENCE, J.

Plaintiff petitioned the superior court for a writ of mandate to compel the clerk of the Small Claims Court in San Francisco to accept for filing therein a claim for $14.13. Defendants interposed a demurrer to the petition, thereby submitting the matter "on the papers of the applicant." (Code Civ. Proc., § 1094; Scannell v. Wolff, 86 Cal.App.2d 489, 491-492 [195 P.2d 536].) The demurrer was overruled and the court ordered a peremptory...

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