Cariaga v. Dryden
California Supreme Court
Petition to the Supreme Court for a writ of prohibition. The petitioner was plaintiff in the case of Cariaga v. Dryden, . reported in 29 Cal. 307. He alleged in his petition that the County Judge threatened to set aside the judgment rendered, by the County Court of Los Angeles County, in the case of Cariaga v. Sanches et al., in' obedience to the writ of mandate issued by the District Court of Los Angeles County.
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Petition to the Supreme Court for a writ of prohibition. The petitioner was plaintiff in the case of Cariaga v. Dryden, . reported in 29 Cal. 307. He alleged in his petition that the County Judge threatened to set aside the judgment rendered, by the County Court of Los Angeles County, in the case of Cariaga v. Sanches et al., in' obedience to the writ of mandate issued by the District Court of Los Angeles County. The facts in relation to this judgment are reported in Cariaga v. Dryden, 29 Cal. 307. ' The following was the affidavit to the petition: “A. B. Chapman, being first duly sworn,…
1ConcurrenceSawyer, J.
I fully concur with Mr. Justice Shatter in the grounds upon which the decision is based as well as in the result, and I think the order to show cause was improvidently issued. The ground relied on to sustain the writ of prohibition, is, that the judgment of this Court in Cariaga v. Dryden, 29 Cal. 307, is void for want of jurisdiction to render the judgment, and the alleged want of jurisdiction is based upon the fact that the verdict of the jury in the County Court of Los Angeles County, upon which the District Court in the case of Cariaga v. Dryden required the County Court, by peremptory…
2Cases cited1 opinion
- Cariaga v. DrydenCalifornia Supreme Court · 1865