Davis v. Wallace (1895) · DecisionDepot

Davis v. Wallace

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

California Supreme Court Jan 5, 1895 No. No. 15,888Published

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Holding. The court denied a petition for mandate to compel a judge to hear a matter pending appeal, holding that it cannot determine whether an appellant is a "party aggrieved" within this proceeding.

Issues

Whether a judge may be compelled to hear a matter while an appeal is pending on the ground that the appeal is invalid.

Disposition. Denied and dismissed

Quotations verified verbatim against the opinion

“Whether the appellant was really a “party aggrieved” is a question which we cannot determine on this proceeding.”

“The petition is denied and the proceedings dismissed.”

Synopsis

Mandamus will not Lie to Compel a Judge to Hear a matter notwithstanding an appeal, on the ground that the appeal is invalid, where the order appealed from is an appealable one.

PER CURIAM. Petition for mandate to compel judge to hear a certain matter notwithstanding the pendency of an appeal, upon the ground that the appeal is invalid. The order appealed from is an appealable order: Livermore v. Campbell, 52 Cal. 75. Whether the appellant was really a “party aggrieved” is a question which we cannot determine on this proceeding. The petition is denied and the proceedings dismissed.

Davis v. Wallace

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