Legal Opinion

Gorham v. Toomey

California Supreme Court

Decided July 1, 1858PublishedCited by 10 opinions

Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. The facts necessary to understand the points decided, appear in the opinion of the Court.

1Opinion of the CourtTerry, C. J.

This action was instituted in the Twelfth District Court, to enjoin proceedings under a judgment of the Superior Court of San Francisco.

In Ricketts and Wife v. Johnson, (decided in April, 1857,) we held that, under our system, the District Courts had no power to restrain the execution of the judgments or orders of Courts of co-ordinate jurisdiction, and that all proceedings to enjoin judgments must be issued from the Court having the control of such judgments.

By the act of March, 1857, abolishing the Superior Court, all judgments and actions pending therein were transferred to the Fourth…

2Cited by10 opinions

  1. De Godey v. GodeyCalifornia Supreme Court · 1870
  2. Pixley v. HugginsCalifornia Supreme Court · 1860
  3. Crowley v. DavisCalifornia Supreme Court · 1869
  4. Wright v. Superior CourtCalifornia Court of Appeal · 1941
  5. Benítez v. PortelaSupreme Court of Puerto Rico · 1919

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