Legal Opinion

In Re Burt

California Court of Appeal

Decided October 25, 1911No. Civ. No. 1071PublishedCited by 4 opinions

PETITION for writ of prohibition to the Superior Court of Los Angeles County. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

It affirmatively appears from the petition filed that a proceeding in prohibition involving the same matter was instituted in the superior court of Los Angeles county, a hearing had therein and writ denied, which judgment has not yet become final, the time for appeal not having elapsed. Under the constitution of this state, this'court has appellate jurisdiction in prohibition, and while it also has original jurisdiction in such proceedings, it will not exercise the same where the petitioner possesses the right of appeal from a judgment had in the court where the original proceeding…

2Cases cited1 opinion

  1. People v. WalkerCalifornia Supreme Court · 1904

3Cited by4 opinions

  1. Ogden v. Board of TrusteesCalifornia Court of Appeal · 1925
  2. Wood v. Board of Fire CommissionersCalifornia Court of Appeal · 1920
  3. Jones v. KeyesCalifornia Court of Appeal · 1923
  4. Wood v. Board of Fire CommissionersCalifornia Court of Appeal · 1920

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