Legal Opinion

In Re Hatch

California Court of Appeal

Decided November 13, 1908No. Civ. No. 616PublishedCited by 7 opinions

PETITION for writ of prohibition to the Superior Court of Santa Clara County. J. R. Welch, Judge. The facts are stated in the opinion of the Court.

1Opinion of the CourtCooper, P. J.

Petitioner asks for a writ of prohibition, directed to the superior court of Santa Clara county, and to Hon. J. R. Welch, one of the judges thereof, to stay the proceedings and the trial of the petitioner upon an indictment charging him with the crime of embezzlement, committed in the manner and at the time and place stated in the said indictment.

The writ of prohibition will be issued only in cases where the court is exceeding or is about to exceed its jurisdiction, and there is no plain, speedy and adequate remedy in the ordinary course of law. (Code Civ. Proc., secs. 1102, 1103; Cross v.…

2Cases cited10 opinions

  1. The People v. . PetreaNew York Court of Appeals · 1883
  2. Bruner v. Superior CourtCalifornia Supreme Court · 1891
  3. In re GannonCalifornia Supreme Court · 1886
  4. People v. LeonardCalifornia Supreme Court · 1895
  5. Levy v. WilsonCalifornia Supreme Court · 1886

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. In Re Estates of HarknessSupreme Court of Oklahoma · 1921
  2. Fitts v. Superior CourtCalifornia Supreme Court · 1935
  3. In Re WyattCalifornia Court of Appeal · 1931
  4. In Re CavittCalifornia Court of Appeal · 1941
  5. Harrison v. MurphySupreme Court of Florida · 1938

2 more not listed; retrieve them via the Exa API.

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