Gay v. Torrance
California Supreme Court
APPLICATION for Writ of Mandate to a Judge of the Superior Court of San Diego County. E. S. Torrance, Judge. 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 seeking to compel the trial court to vacate its order striking from the files and ordering the destruction of certain affidavits filed by petitioner in support of her proposed motion for a new trial. The application for mandate is denied. The order, even if erroneous, was not in excess of the court’s jurisdiction, and the court having acted, mandate will not lie to correct mere error where, as in this case, an appeal is open to the moving party. The facts in Hartmann v. Smith, 140 Cal. 461, were different. There the trial court, under the…
2Cases cited1 opinion
- Hartmann v. SmithCalifornia Supreme Court · 1903
3Cited by3 opinions
- Gay v. GayCalifornia Supreme Court · 1905
- Funfar v. Superior CourtCalifornia Court of Appeal · 1930
- O'Connell v. Superior CourtCalifornia Court of Appeal · 1925