People ex rel. Leverson v. Thompson (1885) · DecisionDepot

People ex rel. Leverson v. Thompson

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jan 30, 1885 No. No. 9,846Published

AI Brief

AI-generated · verify before citing

Holding. The court denied the petition for a writ because the relators have an adequate remedy by appealing the final judgment already entered in the Superior Court.

Issues

Whether a writ should be granted when an appeal from a final judgment is available.

Disposition. Application denied.

Quotations verified verbatim against the opinion

“as the relators can bring their case here by appeal from the judgment entered, the writ asked for is denied.”

“the order of the Superior Court denying the writ in the case before it is the final judgment in the cause, from which, when, regularly entered, an appeal will lie.”

Synopsis

Mandamus—Appeal—Order—Final Judgment.—An order of a Superior Court refusing a writ of mandate is a final judgment, from which an appeal may he taken; and as a right of appeal exists, the Supreme Court will not entertain an original application for the writ.

The Court. An appeal lies to this court from the judgment rendered in the Superior Court of the city and county of San Francisco, denying the writ asked for by the relators therein. That case, as appears from the petition to this court, is the same as is presented here. Under these circumstances, as the relators can bring their case here by appeal from the judgment entered, the writ asked for is denied. We will add here, that the order of the Superior Court denying the writ in the case before it is the final judgment in the cause, from which, when, regularly entered, an appeal will lie. Application -denied.

People ex rel. Leverson v. Thompson

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief