Legal Opinion
Kalloch v. Superior Court
California Supreme Court
Decided July 1, 1880No. 10,552PublishedCited by 40 opinions
Prohibition to the Superior Court, of the City and County of San Francisco. Freelon, J.
1Opinion of the Court
Morrison, C. J. :
This is an application for a writ of prohibition, under part 8, chapter 8, of the Code of Civil Procedure.
“ The writ of prohibition is the counterpart of the writ of mandate. It' arrests the proceedings of any tribunal, corporation, board, or person, when such proceedings are without, or in excess of, the jurisdiction of such tribunal, corporation, board, or person.”
To authorize the issuance of the writ in this case, the proceeding complained of must be in excess of the jurisdiction of the Court. (The People ex rel. Brundage v. the Supervisors of Kern County, 47 Cal. 81;…
2Cases cited9 opinions
- Walker v. SauvinetSupreme Court of the United States · 1876
- Wheaton v. SextonSupreme Court of the United States · 1819
- Rowan v. StateWisconsin Supreme Court · 1872
- People Ex Rel. Witherbee v. Board of SupervisorsNew York Court of Appeals · 1877
- Ex parte ClarkeCalifornia Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- People v. TrocheCalifornia Supreme Court · 1928
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- People v. FolletteCalifornia Court of Appeal · 1925
- Mix v. Board of County CommissionersIdaho Supreme Court · 1910
35 more not listed; retrieve them via the Exa API.