Rogers v. Superior Court of Santa Cruz Cty.
California Supreme Court
APPLICATION for a Writ of Prohibition directed to the Superior Court of Santa Cruz County. Lucas F. Smith, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
The petitioner asks this court to prohibit the execution of an order of the superior court directing a sale of certain property as perishable property, under the supposed authority of section 949 of the Code of Civil Procedure, authorizing the sale of perishable property, notwithstanding a stay of proceedings by virtue of an appeal. It may be that the question whether or not the property so ordered sold in any case is perishable, is so far a question of fact within the jurisdiction of the superior court to determine, that we would feel constrained to hold that lack of jurisdiction…
2Cited by13 opinions
- Zappettini v. BucklesCalifornia Supreme Court · 1914
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Ohaver v. FenechCalifornia Supreme Court · 1928
- Spitzer v. Superior CourtCalifornia Court of Appeal · 1925
- Craig v. StansburyCalifornia Court of Appeal · 1918
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