Wood v. Board of Fire Commissioners

[595]

WELLER, J.

Appellant applies for a

supersedeas

during the pendency of the appeal from a judgment of the superior court of Los Angeles County denying a writ of prohibition against the board of fire commissioners of the city of Los Angeles.

In an original proceeding instituted in this court for the same purpose before the appeal was taken, it was considered that sufficient cause was shown by the petition, and an alternative writ was issued. We have this day decided

(ante,

p. 593, [195 Pac. 739]) that, as the right to appeal existed, this court should not exercise its original jurisdiction, and the writ was denied for that reason alone. As the appeal does not operate to continue in force the alternative writ issued by the superior court, the defendant will not be restrained from proceeding after our action on the original application in this court has become final, and unless we can afford the relief prayed, the appellant may be deprived of the results of a favorable decision, if he should finally prevail in this appeal.

[1]

This court, in the exercise of its appellate jurisdiction, possesses the inherent power to stay proceedings on the judgment appealed from, although no statutory provision is made for such stay.

(Rogers

v.

Superior Court,

158 Cal. 467, [111 Pac. 357].) The action sought to be enjoined by this application is not in execution of the judgment, but is entirely distinct and separate therefrom.

[2]

The superior court adjudged merely that the plaintiff was not entitled to any relief, and no process of the court is necessary to carry its judgment into effect. There is, therefore, nothing to supersede, and the writ would be ineffectual for any purpose. (T

yler