Luce v. Superior Court
California Supreme Court Apr 6, 1883 No. No. 8897Published
Synopsis
Prohibition.—A Writ of Prohibition Does not Lie in a ease open to appeal.
Appeal.—Where, in a Foreclosure Case, the Court Orders the Sale of exempt property, the error, if any, is to be corrected by appeal.
By the COURT. Petition for a writ of prohibition. Demurrer to the petition. The question is: Can a court fore[168]close a mortgage, and, on such foreclosure, order a sale of personal property included in the mortgage, which property was in fact exempt by law from sale under execution? In such a case, we see no reason whatever for the issuance of a writ of prohibition. If any error has occurred, it can be reviewed on appeal.
The demurrer is sustained, and the alternative writ heretofore issued is discharged.
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