Purcell v. McKune
California Supreme Court
Application to the Supreme Court for a mandamus, commanding the Judge of the Sixth District to hear and determine a certain cause. Petitioners brought suit in said Court against one Christy, to restrain him from trespassing upon, and extracting gold from, plaintiff’s land. On the trial, issues were submitted to, and found by, the jury.
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Application to the Supreme Court for a mandamus, commanding the Judge of the Sixth District to hear and determine a certain cause. Petitioners brought suit in said Court against one Christy, to restrain him from trespassing upon, and extracting gold from, plaintiff’s land. On the trial, issues were submitted to, and found by, the jury. The Judge below took no notes of the evidence, having notified the Attorneys of plaintiff that he should rely on them to furnish a statement of the evidence according to a rule of Court, for which see opinion. Subsequently plaintiff, on notice to defendant,…
1Opinion of the CourtBaldwin, J.
■ Conceding, as we do, that this Court has, by virtue of its appellate powers and the authority given it to issue process necessary to give effect to its appellate powers, the right to compel the inferior tribunals to proceed to hear and determine causes of which they refuse to take cognizance; still, we think the facts of this case do not entitle the petitioner to his prayer.
We do not think that the rule of the District Court, requiring a party, on motion for new trial, or for judgment on a special verdict, to prepare and submit a statement of the facts at the trial, applies to a case like…
2Cited by1 opinion
- People ex rel. Flagley v. HubbardCalifornia Supreme Court · 1863