Clark v. Minnis
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. Wallace J. Horton brought an action against the plaintiff Clark, before W. M. Minnis, a justice in Cache Creek Township, Tolo County, to recover two hundred dollars damages, which he alleged he had sustained by defendant’s cattle having trespassed on a tract of land.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. Wallace J. Horton brought an action against the plaintiff Clark, before W. M. Minnis, a justice in Cache Creek Township, Tolo County, to recover two hundred dollars damages, which he alleged he had sustained by defendant’s cattle having trespassed on a tract of land. The defendant, in his answer, set up that he was at the time of the alleged trespass in the possession of the land, and that the question of the possession of real property was involved in the action, and asked that the cause be transferred to the…
1Opinion of the Court
By the Court :
1. The writ of mandamus should not be issued in any ease in which there is a plain, speedy and adequate remedy in the ordinary course of law. (Code Civ. Proc., Sec. 1086.)
2. The action was properly brought in the justice’s court in the first instance, and admitting that it afterwards became the duty of that court, by reason of matter set up in the answer of Clark, the defendant there, to suspend all further proceedings in the case, and certify the pleadings to the District Court under the provisions of section 838 of the same Code, its refusal to do so, if followed by a judgment…
2Cited by2 opinions
- Hayden v. CollinsCalifornia Court of Appeal · 1905
- Davis v. LambCalifornia Supreme Court · 1893