North Pacific Coast Railroad v. Gardner
Before: Thornton
Synopsis
Mandamus—Enforcement of Execution—Judgment Rendered nr Justice’s Court. — A writ of mandate will lie to compel a sheriff to execute a writ of execution issued under a judgment rendered in a justice’s court.
Thornton, J. We do not feel clear that a court of a justice of the peace can compel, on motion, a sheriff to execute a judgment rendered in such court, and punish him for contempt on his failure to obey its order. In such case, the party seeking the enforcement of his judgment can apply to the superior court for a writ of mandate (on the refusal of the sheriff to execute the writ of execution) to compel him to execute it.
We find no error in the record.
Judgment and order affirmed.
Sharpstein, J., Works, J., and McFarland, J., concurred.
Rehearing denied.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)