People ex rel. Polhemus v. Loewy
California Supreme Court
This was an original proceeding commenced in the Supreme Court, to obtain a writ of mandate commanding the Clerk bf the District Court of the Twelfth Judicial District, City and County of San Francisco, to enter a judgment dismissing and discontinuing an action in which Charles B. Polhemus, the relator, was plaintiff, and James P. Treadwell and others, were defendants.
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This was an original proceeding commenced in the Supreme Court, to obtain a writ of mandate commanding the Clerk bf the District Court of the Twelfth Judicial District, City and County of San Francisco, to enter a judgment dismissing and discontinuing an action in which Charles B. Polhemus, the relator, was plaintiff, and James P. Treadwell and others, were defendants. The relator first applied for a mandamus to compel the Judge of the Twelfth District to enter a judgment of dismissal, and the case is reported in 28 Cal. 166. The relator afterwards requested the Clerk to enter a judgment of…
1Opinion of the Court
By the Court, Sawyer, J.
There was something more than a mere ministerial duty to be performed in this case. A counter claim had been set up in the answer. It was not for the Clerk to determine whether a good cause of action was set out or not, or to determine whether the Supreme Court had finally disposed of that question on appeal. These questions are strictly judicial in their nature. The judgment of the Supreme Court contained no direction to the Clerk in relation to the counter claim. A counter claim had been in fact made, and other relief than that discussed in the opinion of the…
2Cited by2 opinions
- Glende Motor Co. v. Superior CourtCalifornia Court of Appeal · 1984
- Cooper v. StocktonSupreme Court of Missouri · 1875