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TODD v. EVERETT

Docket No. 11501.

247 Cal.App.2d 209 (1966)

55 Cal. Rptr. 382

ROBERT D. TODD et al., Petitioners, v. LOLA EVERETT, as County Clerk, etc., et al., Respondents; ASA J. KALFSBEEK, as Executor, etc., Real Party in Interest.

Court of Appeals of California, Third District.

December 14, 1966.

Attorney(s) appearing for the Case

Griffin & Krieger and Alfred H. Krieger for Petitioners.

Harold Wilsey, Jr., District Attorney, for Respondent County Clerk.

No appearance for Respondent Court.

Rich, Fuidge, Dawson, Marsh & Morris, Richard H. Fuidge and Chester Morris for Real Party in Interest.

THE COURT.

Petitioners seek by mandamus to compel the clerk of Colusa County to enter the default of defendant in the action of Todd v. Kalfsbeck, Executor, number 12451, in the Superior Court in and for Colusa County and to prohibit that court from taking further proceedings pending a final determination of their petition for a writ of mandate.

The record before us shows: On May 16th petitioners as plaintiffs filed a complaint seeking damages arising out...

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