Palache v. Hunt
California Supreme Court
Application for a writ of mandate to compel the lower court to fix the amount of an additional undertaking to be given by the appellants to stay the execution of the judgment. j B. F. Dahl and others claiming to have been elected vestrymen of the parish of St. Marks, a religious congregation and association organized under the canons and regulations of the Protestant Episcopal Church, instituted an action in the Superior Court praying for a writ of mandate to compel the…
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Application for a writ of mandate to compel the lower court to fix the amount of an additional undertaking to be given by the appellants to stay the execution of the judgment. j B. F. Dahl and others claiming to have been elected vestrymen of the parish of St. Marks, a religious congregation and association organized under the canons and regulations of the Protestant Episcopal Church, instituted an action in the Superior Court praying for a writ of mandate to compel the petitioners herein (who also claimed to be the legally qualified and acting vestrymen) to surrender to them their offices…
1Opinion of the CourtSharpstein, J.
—There is not in the present, nor was there in the late Constitution, any provision conferring appellate jurisdiction in cases of mandamus, certiorari, prohibition, or quo warranto. And yet this court has repeatedly exercised such jurisdiction. In People v. Carman, 18 Cal. 693, it declined to do so in a case of certiorari. But that case was expressly overruled in Winter v. Fitzpatrick, 35 Cal. 273, which has since been followed in a large number of cases, a majority of which arose under the late Constitution, which in this respect did not differ materially from the present one. And we must…
2Cases cited1 opinion
- People ex rel. Morehouse v. CarmanCalifornia Supreme Court · 1861
3Cited by10 opinions
- Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
- Bermudez v. Municipal CourtCalifornia Supreme Court · 1992
- Los Angeles Surety Co. v. Municipal CourtCalifornia Court of Appeal · 1931
- Millott v. Association of Mare Island EmployeesCalifornia Court of Appeal · 1919
- Bailey v. Superior CourtCalifornia Court of Appeal · 1916
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