In re Estate of Turner (1918) · DecisionDepot

In re Estate of Turner

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

California Supreme Court Apr 10, 1918 No. S. F. No. 8693Published

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Holding. The court denied the petition for a writ of prohibition because the petitioner failed to demonstrate that the superior court acted in excess of its jurisdiction.

Issues

Whether the superior court acted in excess of its jurisdiction to warrant a writ of prohibition.

Disposition. Denied

Quotations verified verbatim against the opinion

“Prohibition runs only against excess of jurisdiction on the part of the tribunal whose proceedings are sought to be arrested thereby.”

“No showing whatever of excess of jurisdietion on the part of the superior court of the city and county of San Francisco is made by the petitioner.”

Synopsis

Prohibition—Ground for Writ.—Prohibition runs only against excess of jurisdiction on the part of the tribunal whose proceedings are sought to be arrested.

THE COURT. Petition for a writ of prohibition.

Prohibition runs only against excess of jurisdiction on the part of the tribunal whose proceedings are sought to be arrested thereby. No showing whatever of excess of jurisdietion on the part of the superior court of the city and county of San Francisco is made by the petitioner.

The petition filed herein contains much matter that is absolutely immaterial in view of the nature of the application, impertinent and scandalous. Certainly this is true of all of paragraphs 24 to and including paragraph 30 thereof.

It is ordered that paragraphs 24 to and including paragraph 30 be, and the same are hereby, stricken from the petition, and that the petition be,-and the same is hereby, denied.

In re Estate of Turner

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