Clark v. Sheperd

California Court of Appeal Mar 22, 1920 No. Civ. No. 3306.Published

Before: THE COURT. —

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Holding. The court denied the application for a writ of mandamus because the matter involved private rights rather than public interest and failed to demonstrate an emergency justifying original jurisdiction.

Issues

Whether the court should exercise original jurisdiction to issue a writ of mandamus for a matter involving private rights.

Disposition. denied

Quotations verified verbatim against the opinion

“The matters to be litigated are not publici juris.”

“The petition shows no sufficient reason why the application should not have been made to the superior court, and the application for the writ is therefore denied.”

[1] This is an application for a writ ofmandamus. The application is based upon private rights only. The matters to be litigated are not publici juris. Nor does it appear that some peculiar emergency or exigency exists such as would justify the issuance of the writ by this court in the first instance. The petition shows no sufficient reason why the application should not have been made to the superior court, and the application for the writ is therefore denied. *Page 678

Clark v. Sheperd

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