Temple v. Superior Court
California Supreme Court
Proceeding for a writ of mandate to compel the . Superior Court of Los Angeles County to hear and determine a proceeding to have one Newman, a defendant in an action brought to recover the possession of certain land, adjudged guilty of contempt for re-entering upon the land from which he had been ejected under an exe- . cution issued in the action.
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Proceeding for a writ of mandate to compel the . Superior Court of Los Angeles County to hear and determine a proceeding to have one Newman, a defendant in an action brought to recover the possession of certain land, adjudged guilty of contempt for re-entering upon the land from which he had been ejected under an exe- . cution issued in the action. The court dismissed the proceeding on the ground that it was barred by section 336 of the Code of Civil Procedure, in not having been commenced within five years after the date of the judgment. The appeal from the order of dismissal is reported…
1Opinion of the CourtThornton, J.
This is an application for a writ of mandate to compel the Superior Court of Los Angelés County, Judge W. A. Cheney presiding, to hear a charge of contempt of court made against one B. Newman, which that court had refused to hear, and has dismissed on the ground of want of jurisdiction.
*212We have examined the record, and are of opinion that the matter is within the jurisdiction of the court. The facts stated bring the case clearly within section 1210 of the Code of Civil Procedure, and under such circumstances the court cannot, by holding without reason that it has no jurisdiction of the…
2Cited by26 opinions
- Sampsell v. Superior CourtCalifornia Supreme Court · 1948
- Cahill v. Superior Court of S.F.California Supreme Court · 1904
- Inglin v. HoppinCalifornia Supreme Court · 1909
- Robinson v. Superior CourtCalifornia Supreme Court · 1950
- Hennessy v. Superior CourtCalifornia Supreme Court · 1924
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