Opinion
Docket No. 7496.
January 16, 1931.
PROCEEDING in Certiorari to review an order of the Municipal Court of the City of Los Angeles refusing to vacate an order forfeiting bail and orders of the Superior Court of Los Angeles County denying a peremptory writ of mandate and sustaining a demurrer to a petition for a writ of audita querela. Dismissed.
The facts are stated in the opinion of the court.
A. Brigham Rose for Petitioner.
Charles P. Johnson, City Prosecutor, Joe W. Matherly and John L. Bland, Deputies City Prosecutor, Everett W. Mattoon, County Counsel, and S.V.O. Prichard, Deputy County Counsel, for Respondents.
MEMORANDUM CASES.
[1] This is a proceeding in certiorari brought for purposes identical with those in Los Angeles Surety Co. v. Municipal Court, (Civ. No. 7495) ante, p. 133 [ 295 P. 591], and upon the same state of facts except that in the present case the bond was given upon an appeal from a judgment punishing the defendant for another and different offense against the provisions of the Wright Act (Stats. 1921, p. 79). After affirmance of that judgment the defendant failed to present himself in satisfaction thereof and the bail was declared forfeited. Like proceedings were had as in the companion case just mentioned and for the reasons stated in the opinion this day rendered in that case we must make like disposition of the writ heretofore issued.
Writ dismissed.
Works, P.J., and Craig, J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on February 14, 1931.