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W.A. ROSE CO. v. MUNICIPAL COURT

Docket No. 18200.

176 Cal.App.2d 67 (1959)

1 Cal. Rptr. 49

W.A. ROSE COMPANY (a Corporation), Petitioner and Respondent, v. MUNICIPAL COURT FOR THE OAKLAND-PIEDMONT JUDICIAL DISTRICT, Defendant and Respondent; EDWARD R. FITZSIMMONS, Real Party in Interest and Appellant.

Court of Appeals of California, First District, Division One.

December 9, 1959.

Attorney(s) appearing for the Case

Edward R. FitzSimmons, in pro. per., and Louis P. Francis for Real Party in Interest and Appellant.

Granville T. Burke for Petitioner and Respondent.

No appearance for Defendant and Respondent.

BRAY, P.J.

Edward R. FitzSimmons, the real party in interest, appeals from an order issuing peremptory writs of prohibition and mandate ordering the clerk of the Municipal Court for the Oakland-Piedmont Judicial District to enter default in the action hereafter mentioned and the court to desist from further proceedings therein.

QUESTION PRESENTED

Are prohibition and mandamus proper remedies where the...

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