Legal Opinion

Carr v. Superior Court

California Supreme Court

Decided June 21, 1905No. S.F. No. 4338PublishedCited by 4 opinions

PETITION for Writ of Prohibition to the Superior Court of Monterey County. B. Y. Sargent, Judge. The facts are stated in the opinion of the court. The petition was denied without appearance for respondent.

1Opinion of the Court

THE COURT.

This is a petition for a writ of prohibition to restrain the superior court of Monterey County from further proceeding in a suit for partition of lands, of which it is contended that court has no jurisdiction. It appears from the petition that there has been a hearing and submission of the cause and that the judge has directed counsel for the plaintiff to draw findings and the form of an interlocutory decree.

An appeal from such decree, when entered, will afford the defendant in the action—petitioner here—a plain, speedy, and adequate remedy for any injury it may occasion, and for…

2Cited by4 opinions

  1. Beaulieu Vineyard v. Superior CourtCalifornia Court of Appeal · 1907
  2. Hamberger v. Police CourtCalifornia Court of Appeal · 1909
  3. Himovitz v. Justice's CourtCalifornia Court of Appeal · 1926
  4. Plocher v. Superior CourtCalifornia Court of Appeal · 1933

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