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REBER v. SUPERIOR COURT

Docket No. 19641.

189 Cal.App.2d 622 (1961)

11 Cal. Rptr. 534

LELAH REBER et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; WILLIAM MULLER, Real Party in Interest.

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

March 2, 1961.

Attorney(s) appearing for the Case

Charles Reagh for Petitioners.

No appearance for Respondent.

William Muller, in pro. per., for Real Party in Interest.

DUNIWAY, J.

Petition for a writ of mandate or prohibition to compel dismissal of an appeal from the municipal court or to prevent further proceedings therein. Because the appeal was filed too late, the petition must be granted.

Muller, the real party in interest, was plaintiff in the municipal court. According to the petition, judgment against him was entered on May 24, 1956. On July 30, he filed a notice of motion for a new trial. This was 67 days after entry...

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