Teel v. Justice's Court

ARCHBALD, J., pro tern .

Appeal from a judgment denying appellant’s petition for a peremptory writ of mandamus to compel respondent Justice’s Court and the justice of the peace thereof to issue a writ of execution to enforce a judgment of said court more than five years after the entry thereof.

Appellant contends that section 685 of the Code of Civil Procedure, permitting a judgment to be enforced after the lapse of five years, applies to all judgments, including those of a justice’s court.

The case of White v. Clark, 8 Cal. 512, decided in 1857, arose under the Practice Act, section 214 of…