Lewis v. Barclay
California Supreme Court
Application to the Supreme Court for writ of mandate to compel the County Judge of Calaveras County to reinstate a case in Court after he had dismissed the appeal. On the 7th of September, 1867, H. A. Hogden recovered a judgment against Lewis and others, in the Court of Wm. Hopkins, a Justice of the Peace, for one hundred and seventy-six dollars and fifty cents, and costs taxed at nineteen dollars and seventy-five cents.
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Application to the Supreme Court for writ of mandate to compel the County Judge of Calaveras County to reinstate a case in Court after he had dismissed the appeal. On the 7th of September, 1867, H. A. Hogden recovered a judgment against Lewis and others, in the Court of Wm. Hopkins, a Justice of the Peace, for one hundred and seventy-six dollars and fifty cents, and costs taxed at nineteen dollars and seventy-five cents. The defendants took proceedings to appeal to the County Court. The County Court, on motion of plaintiff’s attorney, dismissed the appeal. The ground on which the motion to…
1Opinion of the Court
By the Court, Sanderson, J.:
Mandamus lies to compel an inferior tribunal to perform a duty enjoined by law, if it refuses to do so; but if the duty is judicial, the writ cannot prescribe what the decision of the inferior tribunal shall be. The duty to be performed by the respondent in this case was strictly judicial, and there was *214no refusal on his part to perform it. He may or may not have erred in the disposition of the case, hut whether he did or did not, his 'action cannot he reviewed by mandamus, nor, indeed, by any other means, for the case is one in which the County Court had final…
2Cases cited4 opinions
- People ex rel. Budd v. HoldenCalifornia Supreme Court · 1865
- People ex rel. Jones v. Cty. Court of El DoradoCalifornia Supreme Court · 1858
- People ex rel. Meminger v. SextonCalifornia Supreme Court · 1864
- Cariaga v. DrydenCalifornia Supreme Court · 1865
3Cited by13 opinions
- Cahill v. Superior Court of S.F.California Supreme Court · 1904
- Matter of FordCalifornia Supreme Court · 1911
- Hannon v. MaddenCalifornia Supreme Court · 1931
- People Ex Rel. Franchise Tax Board v. Superior CourtCalifornia Court of Appeal · 1985
- Lambert v. BatesCalifornia Supreme Court · 1902
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