Russell v. Elliott
California Supreme Court
Application for mandamus to the District Judge of the Fourth Judicial District. The defendants filed an affidavit in this Court, stating that in February, 1851, the plaintiffs instituted a suit in the District Court to enjoin a judgment which the defendants had recovered against the plaintiffs; that an injunction was granted and served; that on the 11th of March, 1851, the injunction was dissolved, and a reference ordered to F. J. Lippitt to assess the damages sustained by…
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Application for mandamus to the District Judge of the Fourth Judicial District. The defendants filed an affidavit in this Court, stating that in February, 1851, the plaintiffs instituted a suit in the District Court to enjoin a judgment which the defendants had recovered against the plaintiffs; that an injunction was granted and served; that on the 11th of March, 1851, the injunction was dissolved, and a reference ordered to F. J. Lippitt to assess the damages sustained by the defendants by reason of the injunction; that on the 17th of March, the referee reported the damages at $300; that on…
1Opinion of the CourtChief Justice Murray
The plaintiffs sued out an injunction, under the act of 1850, which was dissolved by the District Court, and the question of damages referred. Upon the coming in of the report, the Court refused to enter judgment thereon, the statute of 1850 having been repealed, and the question of the constitutionality of such reference being raised. There is no doubt as to the mode pursued ; and unless this Court interfered by mandamus, the defendants are without a remedy in the premises.
The Act of 1851 saves the rights of parties in actions and proceedings taken before the repeal of the former act: so…
2Cited by10 opinions
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