Legal Opinion

Hayne v. Justice's Court

California Supreme Court

Decided December 31, 1889No. 13559PublishedCited by 14 opinions

Application for writ of prohibition. The facts are stated in the opinion,

1Opinion of the CourtWorks, J.

This is an application for a writ of prohibition to prevent the respondent proceeding to trial'and judgment in a cause pending before it.

An action was brought against the petitioner in the justice’s court on a promissory note, and an attachment was issued and levied on his property. The petitioner filed his petition in insolvency, and the property attached was released. He filed his answer in the justice’s court setting up the insolvency proceedings, but the plaintiff applied to the superior court in which the insolvency proceedings were pending and procured an order from that court,…

2Cases cited1 opinion

  1. Bandy v. RansomCalifornia Supreme Court · 1880

3Cited by14 opinions

  1. State Ex Rel. Kunkel v. Laporte Circuit CourtIndiana Supreme Court · 1936
  2. Gilde v. Superior CourtCalifornia Supreme Court · 1905
  3. Carter v. Superior CourtCalifornia Supreme Court · 1917
  4. Huntington v. Superior CourtCalifornia Court of Appeal · 1907
  5. State Ex Rel. Hasch v. Johnson CC, Barger, Sp. J.Indiana Supreme Court · 1955

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