Spotton v. Superior Court
California Supreme Court
APPLICATION for Writ of Mandate to be directed to the Superior Court of the City and County of San Francisco and: to James M. Troutt and John T. Nourge, Judgeg. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an application for a writ of mandate to compel the settlement of a bill of exceptions to be used on appeal from final judgment. Unless there is an appeal on which the bill of exceptions can be used, mandate will not issue, for such a writ will not issue where it would be of no benefit to the applicant, or to enforce a mere abstract right, unattended by any substantial benefit to the petitioner. (Gay v. Torrance, 145 Cal. 147, [78 Pac. 540].) The only appeal as to which it is suggested that the bill of exceptions could be used is an alleged appeal from a final judgment. The…
2Cases cited1 opinion
- Gay v. TorranceCalifornia Supreme Court · 1904
3Cited by12 opinions
- Runyon v. Board of Prison Terms & ParolesCalifornia Court of Appeal · 1938
- Concerned Citizens of Palm Desert, Inc. v. Board of SupervisorsCalifornia Court of Appeal · 1974
- Grant v. Board of Medical ExaminersCalifornia Court of Appeal · 1965
- California Delta Farms, Inc. v. Chinese American Farms, Inc.California Supreme Court · 1927
- Socol v. KingCalifornia Supreme Court · 1949
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