Clark v. Shepherd (1920) · DecisionDepot

Clark v. Shepherd

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

California Court of Appeal Mar 22, 1920 No. Civ. No. 3306Published

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Holding. The court denied an application for a writ of mandamus because the matter involved private rights rather than publici juris and failed to demonstrate an emergency justifying original jurisdiction.

Issues

Whether the court should exercise original jurisdiction to issue a writ of mandamus for a matter involving private rights.
Whether the petitioner demonstrated a sufficient reason to bypass the superior court.

Disposition. Denied

Quotations verified verbatim against the opinion

“The matters to be litigated are not publici juris.”

“Nor does it appear that some peculiar emergency or exigency exists such as would justify the issuance of the writ by this court in the first instance.”

“The petition shows no sufficient reason why the application should not have been made to the superior court”

Synopsis

APPLICATION for a Writ of Mandate. Denied.

The facts are stated in the opinion of the court.

THE COURT. [1] This is an application for a writ of mandamus. The application is based upon private rights only. The matters to be litigated are not publici juris. Nor does it appear that some peculiar emergency or exigency exists such as would justify the issuance of the writ by this court in the first instance. The petition shows no sufficient reason why the application should not have been made to the superior court, and the application for the writ is therefore denied.

Clark v. Shepherd

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