Legal Opinion
Brock v. Superior Court
California Supreme Court
Decided February 7, 1947No. Sac. 5779PublishedCited by 30 opinions
1Opinion of the CourtCarter, J.
Petitioner, the State Director of Agriculture, seeks a writ of prohibition to stay proceedings in an action pending against him in the Superior Court of Stanislaus County upon the ground that that court erred in denying his motion for change of venue to the county of his residence, Sacramento County.
The decisive preliminary question is whether prohibition will lie. Prohibition is an available remedy only if (1) the trial court’s action in denying the motion for change of venue was an act in excess of its jurisdiction as that term is used in section 1102 of the Code of Civil Procedure, and (2)…
2Cases cited15 opinions
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- Rescue Army v. Municipal CourtCalifornia Supreme Court · 1946
- Herd v. TuohyCalifornia Supreme Court · 1901
- State ex rel. Miller v. Superior CourtWashington Supreme Court · 1905
- Dougherty v. California Kettleman Oil Royalties, Inc.California Supreme Court · 1937
10 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Barquis v. Merchants Collection Assn.California Supreme Court · 1972
- Smith, Valentino & Smith, Inc. v. Superior CourtCalifornia Supreme Court · 1976
- Housing Authority v. Superior CourtCalifornia Supreme Court · 1950
- Simmons v. Superior CourtCalifornia Court of Appeal · 1950
- Regents of University of California v. Superior CourtCalifornia Supreme Court · 1970
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