People ex rel. Scannell v. Whitney
California Supreme Court
Application for a writ of prohibition". An action was commenced against the petitioner, Whitney, in the District Court of the Fifteenth Judicial District, and, after an ineffectual effort to have the trial of the case continued on account of the absence of certain witnesses, he moved for a change of the place of trial to the District Court of the Nineteenth Judicial District. The motion was denied February 4th, 1874, and he appealed from the order denying it.
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Application for a writ of prohibition". An action was commenced against the petitioner, Whitney, in the District Court of the Fifteenth Judicial District, and, after an ineffectual effort to have the trial of the case continued on account of the absence of certain witnesses, he moved for a change of the place of trial to the District Court of the Nineteenth Judicial District. The motion was denied February 4th, 1874, and he appealed from the order denying it. He then moved that the trial of the action be postponed until the appeal should be determined by the Supreme Court. The Court refused…
1Opinion of the Court
By the Court:
Conceding that the fact that the petitioner had taken an appeal to this Court from the order of the Court below, denying his motion to change the place of trial, entitled him to a continuance of the general cause in the Court below while such appeal was pending in this Court, under section 946 of the Code of Civil Procedure, and within the rule laid down in Pierson v. McCahill, 23 Cal. 127, it does not follow that the Court below has, by reason of the pendency of such appeal, lost jurisdiction of the case, or that a trial of the case pending the appeal would be a proceeding…
2Cases cited1 opinion
- People v. RainsCalifornia Supreme Court · 1863
3Cited by11 opinions
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- Southern Pacific Railroad v. Superior CourtCalifornia Supreme Court · 1883
- Bandy v. RansomCalifornia Supreme Court · 1880
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