Sankey v. Levy
California Supreme Court Mar 31, 1886 No. No. 11394Published
Synopsis
Mandamus—Justice’s Court—Appeal—Trial by Superior Court— Failure to File Findings.—A writ of mandate will not lie to compel the Superior Court to restore to its calendar a case tried by it on an appeal from a Justice’s Court, in which judgment was rendered without filing findings of fact.
The Court. This is an application for a writ of mandate to compel the respondent to restore to the calendar of the Superior Court.a case tried in that court some two years ago on appeal from a Justice’s Court. The ground of the application is, that the Superior Court rendered judgment in the case without filing findings of fact. But at most this was but error, for the correction of which mandamus does not lie.
Writ denied, and proceedings dismissed.
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