Legal Opinion
McKenna v. McCardle
California Court of Appeal
Decided May 1, 1950No. Civ. 17559PublishedCited by 4 opinions
1Opinion of the CourtWilson, J.
Motion to dismiss appeal from order dismissing, pursuant to subdivision 3 of section 581 of the Code of Civil Procedure, a petition for writ of prohibition for failure to file an amended petition after demurrer to the petition has been sustained. The motion must be granted on two grounds.
I- A writ of prohibition lies only to arrest the proceedings of a tribunal, board or officer exercising judicial functions when such proceedings are without or in excess of its or his jurisdiction. (Code Civ. Proc., § 1102; Whitten v. California State Board of Optometry, 8 Cal.2d 444 [65 P.2d 1296, 115 A.L.R.…
2Cases cited5 opinions
- Whitten v. California State Board of OptometryCalifornia Supreme Court · 1937
- Sonoma Magnesite Co. v. National Magnesite Products Corp.California Supreme Court · 1922
- Scarpel v. East Bay Street Railways, Ltd.California Court of Appeal · 1940
- Snelling v. Civil Service BoardCalifornia Court of Appeal · 1949
- Stockwell v. McAlvayCalifornia Court of Appeal · 1931
3Cited by4 opinions
- Agnew v. Superior CourtCalifornia Court of Appeal · 1953
- Goldman v. County of Santa BarbaraCalifornia Court of Appeal · 1962
- Jennings v. Strathmore Public Utility DistrictCalifornia Court of Appeal · 1951
- Water Users Ass'n v. Board of DirectorsCalifornia Court of Appeal · 1973