People v. Sexton
California Supreme Court
This was an original application in this Court for a mandamus to compel the Hon. Warren T. Sexton, District Judge of the Second Judicial District, but at the time upon the bench of the District Court of the Twelfth Judicial District, for the City and County of San Francisco, to enter judgment in an action pending before him, wherein Bichólas Smith was plaintiff and John F. Penney and J. B. Thompson were defendants. The action of Smith against Penney and.
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This was an original application in this Court for a mandamus to compel the Hon. Warren T. Sexton, District Judge of the Second Judicial District, but at the time upon the bench of the District Court of the Twelfth Judicial District, for the City and County of San Francisco, to enter judgment in an action pending before him, wherein Bichólas Smith was plaintiff and John F. Penney and J. B. Thompson were defendants. The action of Smith against Penney and. Thompson was for the recovery of land. The case had been tried without a jury, and submitted to the Court for decision on the 7th of…
1Opinion of the Court
By the Court, Sanderson, J.:
This is not a case for mandamus. Whether Rundle, Green, and Irvine were entitled to intervene, was a judicial question. The Judge was required to decide it, and he did so. Whether he decided it correctly, is a question which cannot be made in this proceeding. Having allowed the motion to intervene, he could not thereafter enter a judgment for the plaintiff. Instead, therefore, of refusing to act, he has acted, and, having acted judicially, his action cannot be reviewed by mandamus. (Flagley v. Hubbard, 22 Cal. 34; People v. Pratt, 28 Cal. 166; People v. Weston, 28…
2Cases cited3 opinions
- People ex rel. Polhemus v. PrattCalifornia Supreme Court · 1865
- People ex rel. Wheaton v. WestonCalifornia Supreme Court · 1865
- People ex rel. Flagley v. HubbardCalifornia Supreme Court · 1863
3Cited by4 opinions
- Cahill v. Superior Court of S.F.California Supreme Court · 1904
- State Board of Equalization v. Superior CourtCalifornia Court of Appeal · 1935
- City of San Diego v. AndrewsCalifornia Supreme Court · 1924
- State Ex Rel. Sands v. District CourtMontana Supreme Court · 1933