Legal Opinion

Harris v. Recorder's Court

California Court of Appeal

Decided December 20, 1910No. Civ. No. 944PublishedCited by 3 opinions

APPLICATION for writ of prohibition to the Recorder’s Court of the city of Calexico, Imperial County. James B. Hoffman, City Recorder. The facts are stated in the opinion- of the court.

1Opinion of the CourtShaw, J.

Petitioner was convicted in the recorder’s court of the city of Calexico upon a charge of violating a city ordinance, and senténced to pay a fine of $75.

He prosecuted an appeal to the superior court, where the judgment of conviction was affirmed.

The petition alleges that said city recorder threatens to and will, unless restrained by this court, proceed to enforce the judgment so rendered by the superior court by causing execution to issue against the property of petitioner. The issuance of a writ of execution upon a judgment is a ministerial act which cannot be.arrested by writ of…

2Cases cited2 opinions

  1. Olcese v. Justice's Court of the First Judicial Twp.California Supreme Court · 1909
  2. Camron v. KenfieldCalifornia Supreme Court · 1881

3Cited by3 opinions

  1. Donner Finance Co. v. Municipal CourtCalifornia Court of Appeal · 1938
  2. State Ex Rel. Kane v. DoblerWyoming Supreme Court · 1938
  3. Santini v. Justice's CourtCalifornia Supreme Court · 1933

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