Glougie v. Superior Court

California Supreme Court Mar 26, 1915 No. S.F. No. 7358.Published

Before: THE COURT.

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Holding. The court denied the petition for extraordinary relief because the petitioner has an adequate remedy by appeal, which may be supplemented by a writ of supersedeas to prevent a retrial pending the appeal.

Issues

Whether the superior court has jurisdiction.
Whether the remedy by appeal is plain, speedy, and adequate.

Disposition. Denied

Quotations verified verbatim against the opinion

“Petitioner, however, has his remedy by appeal, and in view of the power of this court to prevent bysupersedeas a retrial pending appeal, if a sufficient showing is made to warrant such action, we are of the opinion that the remedy by appeal is sufficiently plain, speedy, and adequate.”

We are of the opinion that the application should be denied. The petition does present a question as to the jurisdiction of the superior court. Petitioner, however, has his remedy by appeal, and in view of the power of this court to prevent bysupersedeas a retrial pending appeal, if a sufficient showing is made to warrant such action, we are of the opinion that the remedy by appeal is sufficiently plain, speedy, and adequate.

The application is denied. *Page 677

Glougie v. Superior Court

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