Bond v. Superior Court
Before: Through
Synopsis
In an action to quiet title to land pending in the Superior Court of Alameda County, in which the petitioner was the plaintiff and one Irving E. Smith was the defendant, a judgment was duly rendered in favor of the petitioner and against said defendant, under which the defendant was dispossessed and the possession delivered to the petitioner. The defendant having subsequently retaken possession of the premises, the court made an order adjudging him guilty of contempt-in so doing, and directing the possession to be delivered to the petitioner, and the issuance of an alias writ of possession for that purpose, the order containing a provision as follows: “If said defendant, Irving E. Smith, shall appeal from this order directing said alias writ of possession to issue, then and in that event the execution of this order shall be stayed if the defendant, Irving E. Smith, give the undertaking provided by section 1210 of the Code of- Civil Procedure of the state of California, provided for in case of an appeal from such order, the amount of which bond is hereby fixed and determined to be the sum of fifteen hundred dollars.
“All proceedings under this order are hereby stayed for the period of five days.”
The present proceeding in certiorari was brought to review this order.
On the conclusion of the oral argument, the following opinion was rendered:
THE COURT (Speaking Through the Chief Justice). The court is of the opinion that the case is not distinguishable from Huerstal v. Muir, 62 Cal. 479, that the amendment to section 1210 of the Code of Civil Procedure has not changed the law in the respect suggested, and does not grant or confer any right of appeal in such a matter, that under these circumstances Huerstal v. Muir, 62 Cal. 479, controls, and the portion of the order complained of in this proceeding should be annulled.
It is so ordered.
Sloss, J., Melvin, J., and Lawlor, J., dissented.
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)