City of Oakland v. Hart
California Supreme Court
PETITION for writ of prohibition to prevent the respondent from trying a cause in the Superior Court of Alameda County. E. C. Hart, Acting Judge. The facts are stated in the opinion of the court. W. A. Dow, City Attorney of Oakland, and R. Y. Hayne, for Petitioners.
1ConcurrenceBeatty, C. J.
I concur in the judgment and generally in the foregoing opinion, but am unwilling to assent to the view intimated therein that Judge Ogden could have called in another judge of his own selection without the consent of the parties. The course that should have been pursued was that originally proposed by Judge Ogden, viz., to send the cause to Judge Green’s department, not because the case was governed by the express provisions of subdivision 4 of section 170 of the Code of Civil Procedure, as amended in 1897 (Stats. 1897, p. 287), for it is at least doubtful if that amendment applies except in…
2Cases cited5 opinions
- City of Oakland v. Oakland Water Front Co.California Supreme Court · 1897
- Krumdick v. CrumpCalifornia Supreme Court · 1893
- Anaheim Water Co. v. Jurupa Land & Water Co.California Supreme Court · 1900
- Santa Cruz Bank of Savings v. TaylorCalifornia Supreme Court · 1899
- Remy v. OldsCalifornia Supreme Court · 1895