More v. Superior Court
California Supreme Court
Petition for a writ of prohibition. An action had been brought and was pending in the Superior Court of San Francisco, by the heirs of Micholas A. Den, deceased, against the trustees under his will, to remove them for certain alleged failure of duty under the trust, and praying for the appointment of a receiver pending the suit. A receiver was appointed. The trust property consisted of certain real estate in the county of Santa Barbara.
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Petition for a writ of prohibition. An action had been brought and was pending in the Superior Court of San Francisco, by the heirs of Micholas A. Den, deceased, against the trustees under his will, to remove them for certain alleged failure of duty under the trust, and praying for the appointment of a receiver pending the suit. A receiver was appointed. The trust property consisted of certain real estate in the county of Santa Barbara. The petitioner claimed the right of possession as sub-tenant of a lessee of the trustees. He sought by this proceeding to procure an order restraining the…
1Opinion of the CourtRoss, J.
— The writ of prohibition only goes to arrest the proceedings of a tribunal, corporation, board, or person when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person. Unless, therefore, it can be held that the Superior Court of the city and county of San Francisco has no jurisdiction of the action entitled Welch v. Huse, it is plain that the writ cannot go; for this writ is not the appropriate one to procure the annullment of proceedings already had.
It is contended that the Superior Court of the city and county of San Francisco has not…
2Cited by9 opinions
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- Valentine v. Police CourtCalifornia Supreme Court · 1904
- Powelson v. LockwoodCalifornia Supreme Court · 1890
- Staacke v. BellCalifornia Supreme Court · 1899
- Bellevue Water Co. v. StockslagerIdaho Supreme Court · 1895
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